Applicant Name:  ?????

Application Receipt Date: 071024	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: I think my discharge should be upgraded, on the basis of my character.  I know my action that night in Iraq was wrong.  I am a good person, father and a good Solider.  I was one the top avionics techs with my unit.  I was going to recieve two arcoms, at the end of my deployment.  I got in trouble before I made it to the end of my deployment.  I believe I was a big asset to the unit with my knowlege of helicopters.  I worked as an avionics tech before and after I was deployed.  I have 8 yrs of experence with helicopters.  One of the ARCOMS was for my skill with the 50 cal. on a convoy from Kuwait to camp Anaconda Iraq.  The other arcom was for my knowledge of aircraft systems and how they worked.  I also received a Sergeants Major coin will in Iraq.  The last thing I would like to add is I'm truely sorry for what happen at the end of my deployment.  I truely regret that day.  I think about it everyday, and pray.  Thank you for your time.



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

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 070618   Chapter: 3       AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: D Co, 1-244 AVN (CAB), Jackson, MS  

Time Lost: Confinement/Military Authority for 135 days (050121-050606), as a result of special cout-martial sentence.

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

Courts-Martial (Charges/Dates/Punishment): 050121, SPCM, conspired with three Soldiers to wrongfully appropriate six M4 rifles of a value of about $3522, military property, and did give a stolen M4 rifle to a third country national (041122), violated a lawful general order by wrongfully consuming alcohol (041122), wrongfully appropriate six M4 rifles of a value of about $3522, military property, the property of the United States (041122), communicated a threat to a SPC (041123). Reduced to E-1, confinement for eight months; and a BCD.  The sentence is approved and , except the part of the sentence extending to a BCD will be executed.  The applicant was credited with 60 days of confinement against the sentence to confinement and the automatic forfeiture of pay and allowances required by Article 58(b), UCMJ, is waived effective (050205-0506220), which will be paid in child support.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 031207/OAD    Current ENL Term: NIF Years  ?????
Current ENL Service: 	03 Yrs,  01 Mos, 26 Days ?????
Total Service:  		08  Yrs, 10 Mos, 20 Days Includes 742 days of excess leave (050607-070618).
Previous Discharges: 	ARNG-980313-980602/NA
                                       IET-980603-980806/NA
                                       ARNG-980807-990601/NA
                                       IET-990602-991119/NA
                                       ARNG-991120-031206/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 15N10 Avionic Mechanic   GT: NIF   EDU: NIF   Overseas: Southwest Asia   Combat: Iraq (Dates NIF)
Decorations/Awards: ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 January 2005, the applicant was found guilty by a special court-martial of AWOL until apprehended on or about (060331). He was sentenced to be reduced to E-1, confinement for eight months; and a BCD.  The sentence is approved and , except the part of the sentence extending to a BCD will be executed.  The applicant was credited with 60 days of confinement against the sentence to confinement and the automatic forfeiture of pay and allowances required by Article 58(b), UCMJ, is waived effective (050205-0506220, which will be paid in child support.  On 22 June 2005, 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 14 February 2006, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 10 August 2006, 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 careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents 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 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 and the issues he submitted, the analyst found no cause for clemency and therefore recommends to the Board that clemency is not warranted. Furthermore, the analyst noted the applicant's issue; however, 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 determined that the characterization of service and the reason for discharge were both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 September 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA


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						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
Issue a new DD Form 214  					         Colonel, U.S. Army
Change Characterization to: 			         President, Army Discharge Review Board 
Change Reason to:  
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070014995
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