Applicant Name: ????? Application Receipt Date: 2012/03/12 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests an upgrade of his discharge to general, under honorable conditions. He contends his discharge is inequitable because it was based on an isolated incident during 36 months of service with no other adverse action in his service record. He further contends going AWOL because some members of his unit were activated to go to war. He desires to return to the Army and serve his country. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: NIF Date: NIF Discharge Received: Date: 070425 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: C Btry, 1-182nd FA Bn, Fort Dix, NJ Time Lost: AWOL for 123 days (061109-070311), apprehended. Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 27 Current ENL Date: 061109/OAD Current ENL Term: 00 Years 545 Days Current ENL Service: 00 Yrs, 01 Mos, 14 Days ????? Total Service: 02 Yrs, 11 Mos, 24 Days includes 37 days of excess leave (070320-070425) Previous Discharges: ARNG-031229-040608/NA IADT-040609-040820/UNC ARNG-040821-050524/NA ADT-050525-050725/UNC ARNG-050726-061108/NA (Concurrent Service) Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92Y10 Unit Supply Spec GT: 110 EDU: 15 Years Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Post Service Accomplishments: The applicant stated he is pursuing a Master's Degree in Organizational Leadership. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature. The DD Form 214, indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, by reason of in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214, shows a Separation Code of KFS (i.e., in lieu of trial by court-martial), with a reentry eligibility (RE) code of "4." On 20 April 2007, Orders 110-0163, DA, HQS, U.S. Army Armor Center and Fort Knox, Fort Knox, KY, discharged the applicant from the Regular Army, effective date: 25 April 2007. The applicant was to be reduced to the lowest enlisted rank. b. Legal Basis for Separation: Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The only pertinent evidence available for review regarding the applicant's discharge is the DD Form 214, Certificate of Release or Discharge from Active Duty, which was not authenticated by the applicant's signature. The DD Form 214, shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial. In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated or lesser included offenses under the UCMJ. In the absence of information to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. It also noted the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant would have been aware of it prior to requesting discharge. The applicant contends his discharge is inequitable because it was based on an isolated incident during 36 months of service with no other adverse action in his service record. Even though an isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by an isolated incident provides the basis for a characterization. The analyst having examined all the circumstances determined that the applicant's isolated incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. This isolated incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. The applicant further contends going AWOL because some members of his unit were activated to go to war. The applicant had many legitimate avenues (i.e., Chaplain, Community Counseling Center, and other resources available to all Soldiers) through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. The applicant desires to return to the Army and serve his country. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 30 August 2012 Location: Chicago, IL Did the Applicant Testify? Yes No Counsel: No Witnesses/Observers: No Exhibits Submitted: DD Form 293, dated (120220); Self-Authored Statement, two (2) pages, undated; NGB Form 22, dated (070425); DD Form 458 (Charge Sheet), dated (070314); DD Form 4187 (Personnel Action), dated (061110); Assignment Orders 78-3, dated (070319); Report of Return of Absentee, dated (070312); Transcript, [redacted] University, two (2) pages, dated (071026); Transcript, [redacted] College, dated (100831). VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20120005980 ______________________________________________________________________________ Page 3 of 3 pages