Applicant Name: ????? Application Receipt Date: 081124 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 and documents submitted by the Applicant. 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: Date: NIF Discharge Received: Date: 070907 Chapter: 3 AR: 635-200 Reason: Court-Martial, Other RE: SPD: JJD Unit/Location: US Army Medical Retention Center, US Army Garrison, Ft. Eustis, VA Time Lost: Military confinement (050929-060219) total of 143 days. Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): 051213 Special Court-Martial disobeying a lawful from an E6 x3(041207); intent to deceive, sign an official record to wit: Drug Testing Program Testing Register (041214), which was false; willfully destroy by smashing a reinforced glass window of the Security Forces Control Center detention cell (041207); wrongfully use marijuana (041115); steal 2 bottles of cologne, the property of Army and Air Force Exchange Service (040807); steal 3 compact discs, the property of Army and Air Force Exchange Service (041207); sentence to reduction to E1, confinement for 6 months, to be discharged form the service with a Bad-Conduct Discharge. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 17 Current ENL Date: 000608 Current ENL Term: 8 Years ????? Current ENL Service: 3 Yrs, 2Mos, 19Days ????? Total Service: 7 Yrs, 9Mos, 7Days Includes 565 days of excess leave (060220-070907) Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 88M10/ Motor transport op GT: 118 EDU: HS Letter Overseas: SWA Combat: Kuwait/Iraq (040128-051002) Decorations/Awards: ARCOM, AAM, SWA, GWOTEM, ASR, ARCAM, V. Post-Discharge Activity City, State: Monticello, MS Post Service Accomplishments: Nothing provided by the Applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 13 December 2005, the applicant was found guilty by a special court-martial of disobeying a lawful order from an E6 x3(041207); intent to deceive, sign an official record to wit: Drug Testing Program Testing Register (041214), which was false; willfully destroy by smashing a reinforced glass window of the Security Forces Control Center detention cell (041207); wrongfully use marijuana (041115); steal 2 bottles of cologne, the property of Army and Air Force Exchange Service (040807); steal 3 compact discs, the property of Army and Air Force Exchange Service (041207). He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 6 months, and reduction to E-1. On 26 September 2005, the sentence was approved. On 19 July 2007, Article 71c having been complied with, the Bad-Conduct Discharge was executed. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3, Section IV, establishes policy and procedures for separating members with a dishonorable or bad conduct discharge; and provides that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial; and that the appellate review must be completed and the affirmed sentence ordered duly executed. c. Response to Issues, Recommendation and Rationale: After a careful review of the available applicant’s military records, the analyst found no mitigating factors that would warrant clemency. There was a full consideration of all faithful and honorable service as well as the incidents of misconduct. The evidence of record indicates that the applicant was adjudged guilty by a court-martial and that the sentence was approved by the convening authority. Court-martial convictions stand as adjudged or modified by appeal through the judicial process. The analyst is empowered to recommend a change to the discharge only if clemency is determined to be appropriate. Clemency is an act of mercy, or instance of leniency, to moderate the severity of the punishment imposed. After a thorough review of the applicant’s available record and the issue and documents submitted with the application, the analyst found no cause for clemency and therefore recommends to the Board to deny clemency. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 090624 Location: Chicago, IL Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: Yes Exhibits Submitted: Applicant submitted 6 additional documents, totaling 44 additional pages. 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, the testimony of his witnesses and considering the analyst’s recommendation and rationale, the Board determined that clemency was warranted based on the applicant’s length and quality of his service to include his combat service. Accordingly, the Board voted to upgrade the applicant’s characterization of service to general, under honorable conditions. A change in the reason for discharge is not authorized under Federal statute. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080019615 ______________________________________________________________________________ Page 2 of 3 pages