Applicant Name: ?????

Application Receipt Date: 070816	

Prior Review    Prior Review Date: None

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

Issues: See enclosed DD Form 293 submitted by the applicant. 

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: 051230   
Chapter: 3    AR: 635-200
Reason: Court-Martial, Other
RE:     SPD: JJD
Unit/Location: HQ Alpha Battery, 3rd Battalion, 6th Air Defense Artillery, 6th Air Defense Artillery Brigade, Fort Bliss, TX 79916. 

Time Lost: 221 days of Military Confinement from (030612-040118), as a result of a special court-martial.   

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

Court-Martials (Charges/Dates/Punishment): 030612, Special Court-Martial-for larceny of property other than military property of a value of $500.00, between on or about (020609-020922), wrongfully steal US currency of a total value of approximately about $4,277.00, the property of an individual, between (020601-021215); and wrongfully open certain mail matter between on or about (020922).  She was sentenced to be reduced to the grade of E-1, forfeiture of $650.00 pay per month for 9 months, to be confined for 9 months, and to be discharged from the service with a bad conduct discharge. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7411  
HOR City, State: ?????
Current ENL Date: 020628    Current ENL Term: 3 Years  The applicant was placed on excess leave for a total of 665 days (040306-051230).  Also, the creditable service under review should be: 2 Years, 10 Months and 26 days.  The applicant was confined by the military authorities, which is not shown on the DD Form 214, item 29 "Time Lost."  The applicant's net active service this period on the DD Form 214, item 12c should be 11 Years, and 6 months.   
Current ENL Service: 2 Yrs, 10 Mos, 26 Days ?????
Total Service:  11 Yrs, 6 Mos, 0 Days ?????
Previous Discharges: RA 931124-970318/HD
                                      RA 970319-990922/HD
                                      RA 990923-000627/HD
                                      RA 000628-020627/HD

Highest Grade: E-5
Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical   GT: NIF   EDU: HS Grad   Overseas: Korea    Combat: None
Decorations/Awards: ARCOM, GCMDL, NDSM, KDSM, AFEM, HSM, ASR, OSR

V.  Post-Discharge Activity
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 12 June 2003,, the applicant was found guilty by a special court-martial of larceny of property, other than military property of a value of $500.00, between on or about (020609-020922), wrongfully steal US currency of a total value of approximately about $4,277.00, the property of an individual, between (020601-021215); and wrongfully open certain mail matter between on or about (020922).  She was sentenced to be reduced to the grade of E-1, forfeiture of $650.00 pay per month for 9 months, to be confined for 9 months, and to be discharged from the service with a bad conduct discharge.  On 26 September 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 11 May 2004, The United States Army Court of Military Review Corrected the Special Court-Martial Order Number 17, HQ, US Army Air Defense Artillery Center and Fort Bliss, TX, dated 26 September 2003, to reflect that the sentence was adjudged on 12 June 2003, and affirmed the approved findings of guilty and the sentence.  On 14 October 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, 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 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.  After a thorough review of the applicant’s record and the issue she submitted, the analyst found no cause for clemency and therefore recommends to the Board no clemency.  Furthermore, a change in the reason for discharge is not authorized under Federal statute.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 13 August 2008              
Location: Washington, DC

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 found no cause for clemency and therefore voted to deny relief.

								        
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: 22 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070011385
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