Application Receipt Date: 070612
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's DD Form 293.
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: NIF
Discharge Received: Date: 980112
Chapter: 3 AR: 635-200
Reason: Court-Martial, Other
RE: SPD: JJD
Unit/Location: C Company, 2nd Battalion, 22nd Infantry, 10th Mountain Division (Light Infantry), Fort Drum, NY 13602
Time Lost: AWOL-16 days from (951216-951231), and AWOL-22 days from (960501-960522), the applicant turned himself into his unit. The applicant was confined by the military authorities for 72 days from (961010-961222), as a result of his special court-martial sentence. The applicant had a total of 110 days lost time.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): Special Court-Martial-961010-AWOL from (960501-960523), and wrongfully appropriate a motor vehicle of a value in excess of $100.00, (960501). The applicant was sentenced to forfeiture of $250.00 a month for 3 months, confined for 3 months, and to be discharged from the service with a bad conduct discharge.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB:
Current ENL Date: 931005 Current ENL Term: 3 Years ?????
Current ENL Service: 03 Yrs, 11 Mos, 16 Days ?????
Total Service: 03 Yrs, 11 Mos, 16 Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: 11C10 Indirect Fire Infantryman GT: 90 EDU: HS Transcript Overseas: Korea Combat: None
Decorations/Awards: AAM, NDSM, ASR, OSR
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:
Evidence of record shows that on 10 October 1996, the applicant was found guilty by a Special Court-Martial of, AWOL from 1 May 1996 until 23 May 1996, and wrongfully appropriate a motor vehicle of a value in excess of $100.00, 1 May 1996. The applicant was sentenced to forfeiture $250.00 pay per month for three months, confinement for 90 days, and a bad conduct discharge. On 24 January 1997, the sentence was approved. The record of trial was forwarded to The Judge Advocate General of the Army for review by the Court of Military Review. On 14 March 1997, the United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. On 19 September 1997, the sentence having been affirmed pursuant to Article 71© having been complied with, the sentence was ordered to be executed.
The applicant was placed on excess leave for 386 days, from 23 December 1996-12 January 1998.
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 careful review of all the applicants military records during the period of enlistment under review and the issues he submitted, the evidence of record clearly shows that the applicant was adjudged guilty by 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 Board is empowered to change 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 applicants record and the issue he submitted, the analyst found no cause for clemency and therefore recommends to the Board that clemency is not warranted. Therefore, the characterization of service and the reason for discharge were both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 14 November 2007 Location: Washington, DC
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 0 No change 5 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony, and considering the analysts recommendation and rationale, the Board found no cause for clemency and therefore voted to deny relief.
Case report reviewed and verified by: , Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 14 Novermber 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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