Application Receipt Date: 060710	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 with attachment.

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: 021115
Discharge Received:     Date: 040430   
Chapter: 3    AR: 635-200
Reason: Court-Martial
RE:     SPD: JJD
Unit/Location: Company F, 51st Infantry, 519th Military Intelligence Battalion, 525th Military Intelligence Brigade, Fort Bragg, NC  28310-5000 

Time Lost: AWOL X 3, for a total of 27 days from (020814-020902), (020906-020908), (020926-021003).  Also, he was confined by the military authorities for a total of 82 days from (021004-021225).

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

Court-Martials (Charges/Dates/Punishment): 021115, Special Court-Martial-for desertion from (020926-021004), without proper authority, absent from his unit x 2, from (020814-020903), (020906-020909), unlawfully possessing drug paraphernalia (020725), wrongfully used cocaine between on or about (020828-020904), with intent to deceive, made an official statement, which was false (020727).  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 100 days, forfeiture of $737.00 pay per month for 4 months and to be reduced to the grade of E1. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  830227  
Current ENL Date: 010629    Current ENL Term: 4 Years  17 Weeks
Current ENL Service: 2 Yrs, 6 Mos, 14 Days The net active service this period on the DD Form 214, item 12c is incorrect, should be: 2 yrs, 6 months, 14 days.  Also, the applicant was placed on excess leave for a total of 492 days from (021226-040430)
Total Service:  2 Yrs, 6 Mos, 14 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, 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 15 November 2002, the applicant was found guilty by a special court-martial of desertion from (020926-021004), without proper authority, absent himself from his unit x 2, from (020814-020903), (020906-020909), unlawfully possessing drug paraphernalia (020725), wrongfully using cocaine between on or about (020828-020904), and with intent to deceive, made an official statement, which was false (020727).  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 100 days, forfeiture of $737.00 pay per month for 4 months and to be reduced to the grade of E1.  On 9 January 2003, 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 31 October 2003, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 24 February 2004, 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.  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 special 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 record and the issue he submitted, the analyst found no cause for clemency and at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment.  In view of the foregoing, the analyst recommend the Board no clemency.   
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 6 June 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 0   - 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 and considering the analyst’s recommendation and rationale, the Board found no cause for clemency and determined that the discharge was both proper and equitable, voted to deny relief.  
























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: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 21 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009770

Applicant Name:  Mr.        
______________________________________________________________________


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