Application Receipt Date: 2006/10/13	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents submitted by the Applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date:      
Discharge Received:     Date: 050121   
Chapter: 3    AR: 635-200
Reason: Court Martial, Other
RE:     SPD: JJD
Unit/Location: 65th Military Police Company, Fort Bragg, NC 28310 

Time Lost: 225 days total; AWOL 118 days (040115-040512), military confinement, 107 days, (030930-040114)

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

Court-Martials (Charges/Dates/Punishment): 040114, Special Court Martial for leaving his place of duty (030929), fleeing apprehension (030929), wrongful use of marijuana (030825-030925), theft of a motor vehicle by force (030929), and assault on a specialist (030929).  Bad Conduct Discharge, confinement for 12 months, reduction to E-1.

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  810209  
Current ENL Date: 020418    Current ENL Term: 5 Years       
Current ENL Service: 02 Yrs, 01Mos, 18Days      
Total Service:  02 Yrs, 01Mos, 18Days      
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, 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:
      The evidence of record shows that on 14 January 2004, the applicant was found guilty by a special court-martial for leaving his place of duty (030929), fleeing apprehension (030929), wrongful use of marijuana (030825-030925), theft of a motor vehicle by force (030929), and assault on a specialist (030929).  He was sentenced to be discharged with a Bad Conduct Discharge (BCD), confinement for 12 months, and reduction to E-1.  On 14 April 2004, the General Court Martial Convening Authority directed that only the sentence as provided for a Bad Conduct Discharge, confinement for 9 months, and reduction to the grade of E-1 is approved and, except for the part of the sentence extending to a BCD, will be executed.  The accused was to be credited with 107 days of confinement against the sentence to confinement.  The record of trial was forwarded to The Judge Advocate General of The Army for review by the Court of Military Review.  On 29 October 2004, DA, HQ USA Armor Center, Fort Knox, KY, Special Court Martial Orders 212, indicated that the United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 29 October 2004, the sentence having been affirmed pursuant to Article 71c having been complied with, the sentence was ordered to be executed.  The applicant was discharged from the Army with a Bad Conduct Discharge on 21 January 2005.

      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.  The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Additionally, eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  After a thorough review of the applicant's record and the issue he submitted, the analyst found no cause for clemency and therefore recommends to the Board no clemency.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 14 December 2007              
Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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 applicant's record of service during the period of enlistment under review and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  

Case report reviewed and verified by: Alejandro Champin, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

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 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014551

Applicant Name:  Mr.        
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