Applicant Name:  ?????

Application Receipt Date: 071128	Prior Review:     Prior Review Date: NA     

I.  Applicant 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?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 060526   Chapter: 3    AR: 635-200
Reason: Court Martial, Other	   RE:     SPD: JJD   Unit/Location: A Co, 1-325th IN Bn (ABN), Fort Bragg, NC 

Time Lost: AWOL for 134 days (041018-050301), mode of return unknown; confinement military authorities, 58 days (050330-050528). Total time lost 192 days. 

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

Courts-Martial (Charges/Dates/Punishment): 050330, SPCM, AWOL (041018-050302), reduced to E-1, confinement for 75 days, and a BCD.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 020610    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 05Mos, 05Days ?????
Total Service:  		07 Yrs, 06Mos, 22Days Includes 363 days of excess leave (050529-06-0526).
Previous Discharges: 	USAR-980423-980526/NA
                                       ADT-980527-980807/NA
                                       USAR-980808-000424/UNC
                                       RA-000425-020609/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: 122   EDU: HS Grad   Overseas: Southwest Asia (NIF)   Combat: Iraq (NIF)
Decorations/Awards: NDSM, GWOTSM, NCOPDR, ASR, (The Staff Judge Advocate's Recommendation shows that applicant received  the GWOTEM, ARCOM, AAM-2, AGCM, NM, KCM-2, EIB, CIB, PUC), which the available record does not validate. 

V.  Post-Discharge Activity
City, State:  Altamonte Springs, FL
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 30 March 2005, the applicant was found guilty by a special court-martial of AWOL (041018-050302).  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 75 days, and reduction to E-1.  On 30 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 31 October  2005, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 8 March 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; even though an isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by an isolated incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's isolated incident of misconduct did indeed adversely affect the quality of service, brings discredit on the Army, and was prejudicial to good order and discipline.  This  isolated incident of misconduct clearly diminished the quality of the applicant's service below that meriting a general, under honorable conditions discharge.  Additionally,  the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Finally, 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: 10 October 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 determined that the discharge was both proper and equitable and voted to deny relief.  






        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070017664
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