Application Receipt Date: 061129
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: Mental problems and job problems, post traumatic stress disorder
II. Were Proper Discharge and Separation Authority procedures followed?
Yes No Tender Offer:
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: 041013
Discharge Received: Date: 060526
Chapter: 3 AR: 635-200
Reason: Court-Martial, Other
RE: SPD: JJD
Unit/Location: B Co, 121st Signal BN (Forward), FOB Warhorse, Iraq
Time Lost: Absent without leave for 92 days (040603-040831). Specifics of his apprehension or surrender are not in the file. He was arraigned at a Special Court Martial in Tikrit, Iraq. Sentenced to confinement by Special Court Martial (041013) for 151 days (041013-050312). Total Lost Time is 243 days.
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): 041013/ AWOL (040603-040831) to wit: B Co, 121st Signal BN (Forward), FOB Warhorse, Iraq. BCD, reduction to E1, confinement for 178 days.
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB: 810522
Current ENL Date: 011003 Current ENL Term: 4 Years
Current ENL Service: 03 Yrs, 11 Mos, 26Days
Total Service: 04 Yrs, 07 Mos, 24 Days Includes 439 days of excess leave (050314-060526).
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 31R10 Multi-Channel Transmission Systems Operator GT: NIF EDU: NIF Overseas: Germany Combat: DD214 blk 18 indicates the applicant was in Iraq from February 2004 (exact date of arrival is not stated) to 15 April 2004. The records also indicate the applicant was AWOL while in Iraq and was arraigned in Tikrit, Iraq on 13 October 2004.
Decorations/Awards: ASR / NDSM
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 13 October 2004, the applicant was found guilty by a special court-martial of absenting himself from his unit (040603-040831) to wit: B Co, 121st Signal BN (Forward), FOB Warhorse, Iraq. He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 178 days, and reduction to E1. On 6 December 2004, the sentence was approved and executed, except for that part of the sentence extending to a bad conduct discharge. On 30 June 2005, the sentence having been affirmed pursuant to Article 71c having been complied with, the sentence was ordered to be executed and the applicant was discharged with a bad conduct disharge.
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 all the 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 clearly shows 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. Furthermore, the record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition. After a thorough review of the applicant's record and the issue he submitted, the analyst found no cause for clemency and therefore recommend to the Board no clemency.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date:
Location: Washington D.C.
Did the Applicant Testify? Yes No
Counsel:
Witnesses/Observers:
Exhibits Submitted:
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change No change - Character
Change No change - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
Case report reviewed and verified by: Edgar Yanger , Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to:
Other:
RE Code:
Grade Restoration: No Yes Grade:
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE:
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060016554
Applicant Name: Mr.
______________________________________________________________________
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