Application Receipt Date: 060616	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was questioned by my First Sergeant before I was read my rights and the statements that I made were used against me.  I was also told by my First Sergeant at the time of questioning that anything I said, he would keep it "in house", but after I made my statements, the company commander was told and only then were my rights read to me.

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: 990722
Discharge Received:     Date: 011207   
Chapter: 3    AR: 635-200
Reason: Court-Martial
RE:     SPD: JJD
Unit/Location: 8th Ordinance Company, 189th Corps Support Battalion, 46th Corps Support Group, 1sr Corps Support Command, Fort Bragg, NC  28307-5000 

Time Lost: Confined by military authorities for a total of 125 days from (990722-991123), as a result of his Special Court-Martial

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

Court-Martials (Charges/Dates/Punishment): 990722, Special Court-Martial-for indecent exposure while in a privately owned vehicle, between (980901-981031), indecent exposure while in the company motorpool (980901-981031), indecent exposure while in the 8th Ordinance Company (980801-980831); indecent exposure while in the battalion headquarters (980327), indecent exposure in an office adjacent to the company administrative area, between (990401-990430), indecent exposure while in a privately owned vehicle between (990101-990131), maltreatment of a SPC x 4, (990327), and between (980901-981031), (980901-981031), (990101-990131), maltreatment of a PV2 x 2, on divers occasions between (980801-980831) and (990401-990430).  He was sentenced to be discharged with a Bad Conduct Discharge, forfeiture of $639.00 pay per month for five months, confinement for five months, and reduction to E1. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  720330  
Current ENL Date: 970306    Current ENL Term: 5 Years  ?????
Current ENL Service: 4 Yrs, 4 Mos, 29 Days The applicant was placed on excess leave for a total of 745 days from (991124-011207)
Total Service:  10 Yrs, 2 Mos, 0 Days ?????
Previous Discharges: USAR-900727-910602/NA
                                      RA-910603-930426/HD
                                      RA-930427-940907/HD
                                      RA-940908-970305/HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 55B10 Ammunition Specialist   GT: NIF   EDU: HS GRAD   Overseas: Germany/(Prior Service)   Combat: None
Decorations/Awards: ARCOM (4), AAM (3), GCMDL (2), NDSM, NCOPDR (2), OSSM (2), AAB, ASR
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 22 July 1999, the applicant was found guilty by a special court-martial of   for indecent exposure while in a privately owned vehicle, between (980901-981031), indecent exposure while in the company motorpool (980901-981031), indecent exposure while in the 8th Ordinance Company (980801-980831); indecent exposure while in the battalion headquarters (980327), indecent exposure in an office adjacent to the company administrative area, between (990401-990430), indecent exposure while in a privately owned vehicle between (990101-990131), maltreatment of a SPC x 4, (990327), and between (980901-981031), (980901-981031), (990101-990131), maltreatment of a PV2 x 2, on divers occasions between (980801-980831) and (990401-990430).  He was sentenced to be discharged with a Bad Conduct Discharge, forfeiture of $639.00 pay per month for five months, confinement for five months, and reduction to E1.  On 26 August 1999, 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 19 April 2001, 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, and the issue he submitted, the analyst found no mitigating factors that would warrant clemency.  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 Army Discharge Review 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 applicant’s record, the analyst found no cause to recommend clemency and therefore, the reason for discharge and the characterization of service remains both proper and equitable.  
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 8 January 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Mr. Joseph N. Williams/Father 

Exhibits Submitted: Copy of his awards, certificates, non-commissioned officers evaluation report's from his OMPF, and several character reference letters




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
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 characterization of service was too harsh, and as a result it is now inequitable.  The Board found that the length and quality of the applicant’s service, circumstances surrounding the discharge, his post service accomplishments and the time that has elasped since his discharge, mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  A change in the reason for discharge is not authorized under Federal Statute.   


















Case report reviewed and verified by: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 12 January 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008909

Applicant Name:  Mr.       
______________________________________________________________________


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