Applicant Name:  ?????

Application Receipt Date: 2011/12/29	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 fully honorable.  He contends being young and in a foreign country.  He further contends reacting to stress and depression in the wrong way.  He desires to become a firefighter or a police officer.         

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: 040728   Chapter: 3       AR: 635-200
Reason: Court Martial, Other 	   RE:     SPD: JJD   Unit/Location: C Btry, 2-17th FA Regt, APO AP 96224  

Time Lost: Confinement/Military Authorities for 112 days (020619-021008), as a result of his court-matial.

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 020619, SPCM, stole a Visa check card, of a value of less than $100.00, the property of SPC M.M.C. (010601 and 010718);  stole a Samsung video camera, of a value of about $354.99, the property of the AAFES (010714); stole four DVD’s, of a value of about $89.80, the property of the AAFES (010714); stole certain property, of a value of about $49.90, the property of the AAFES (010717); stole certain property, of a value of less than $100.00, the property of the AAFES (010718); and with the intent to defraud, wrongfully obtained from the DMZ Club, the professional services of a drinky girl, of a value of about $60.00, (010714).  He was sentenced to forfeiture of $737 pay x 7 months, confinement for 7 months and a bad-conduct discharge.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 001109    Current ENL Term: 03 Years  ?????
Current ENL Service: 	03  Yrs, 04  Mos, 28  Days block 12c on the DD Form 214, net active service this period is incorrect and should read 03 Yrs, 04 Mos, 20 Days. 
Total Service:  		03  Yrs, 04  Mos, 28  Days includes 640 days of excess leave (021028-040728)
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 95   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:     
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 19 June 2002, the applicant was found guilty by a special court-martial of stealing a Visa check card, of a value of less than $100.00, the property of SPC M.M.C. (010601 and 010718); stealing a Samsung video camera, of a value of about $354.99, the property of the AAFES (010714); stealing four DVD’s, of a value of about $89.80, the property of the AAFES (010714); stealing certain property, of a value of about $49.90, the property of the AAFES (010717); stealing certain property, of a value of less than $100.00, the property of the AAFES (010718); and with the intent to defraud, by wrongfully obtaining from the DMZ Club, the professional services of a drinky girl, of a value of about $60.00, (010714).  He was sentenced to forfeiture of $737 pay x 7 months, confinement for 7 months and a bad-conduct discharge.
       
       On 17 October 2002, 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 17 March 2003, the United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. 
       
       On 28 August 2003, the sentence having been affirmed pursuant to Article 71c having been complied with, the sentence was ordered to be 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 all the applicant’s military records during the period of enlistment under review, the  issues and application he submitted, 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 court-martial and that the convening authority approved the sentence.  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.  By the misconduct (court-martial conviction), the applicant diminished the quality of his service below that meriting a general, under honorable conditions discharge.
       
       The applicant contends being young and in a foreign country.  The applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
        
       The applicant further contends reacting to stress and depression in the wrong way.  The record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       
       Further, the record of evidence also does not demonstrate that he sought relief from stress and depression through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       The applicant desires to become a firefighter or a police officer.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.   
       
       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 record and the application he submitted, 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: 1 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, undated.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board found no cause for clemency and therefore voted to deny relief.      
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 0
(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:





Colonel, U.S. Army
President, Army Discharge Review Board




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 AR20110024351
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