Applicant Name: ?????

Application Receipt Date: 080303	

Prior Review    Prior Review Date: None

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

Issues: I am asking for consideration of an upgrade in my discharge characterization.  I still feel as if I can be a valuable asset to the Army.  And in all honesty, I hate leaving any part of my life unfinished. I did not get a chance to complete my military career and that, at this point in my life is the only regret I have in my life.  I went AWOL for a reason.  Yes, there were other avenues I could have taken to get the issue resolved, but unfortunately that was the one I chose.  However, with the fact that I was sentenced to 5 months confinement at Fort Knox, I sincerely feel that to bar me from military service for the rest of my life is harsh punishment.  If I had to wait another year, I would be content with that.  I am just asking for a chance to finish what I started. 

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: 071026   
Chapter: 3    AR: 635-200
Reason: Court Martial, Other
RE:     SPD: JJD
Unit/Location: HHC, 1-3 IN, Fort Myer, VA 22211 

Time Lost: AWOL for 422 days (050204-060330), apprehended; confinement military authorities 138 days (060624-061112).  Total time lost 560 days.  The applicant was confined in the Colleton County Jail, Waletrboro, SC for pre-trial confinement (060624). 

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

Court-Martials (Charges/Dates/Punishment): 060721, SPCM, AWOL (050204-060330).  BCD, confinement for 5 months and reduction to E-1.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8112  
HOR City, State: Cottageville, SC
Current ENL Date: 010214    Current ENL Term: 5 Years  The applicant was retained in service 423 days for the convenience of the Government per AR 635-200.
Current ENL Service: 05  Yrs, 01 Mos, 27 Days ?????
Total Service:  06  Yrs, 03 Mos, 06 Days Includes 348 days of excess leave (061113-071026).
Previous Discharges: USAR-990729-000907/UNC
Highest Grade: E-5
Performance Ratings Available: Yes    No 
MOS: 11C10 Indirect Fire Infantryman   GT: 117   EDU: 12 Years   Overseas: Germany/Southwest Asia   Combat: NIF
Decorations/Awards: AAM-2, NDSM, GWOTEM, NCOPDR, CIB 

V.  Post-Discharge Activity
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 21July 2006, the applicant was found guilty by a special court-martial of AWOL until apprehended on or about (060331).  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 5 months, and reduction to E-1.  On 29 September 2006, 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 30 January 2007, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 7 June 2007, 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 August 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: No 

Exhibits Submitted: The applicant submitted three pages of additional documents in support of his personal appearance hearing.




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 1    No change 4   - 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, hearing his testimony 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: None
Other: NA
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: 


CHRISTINE U. MARTINSON			DATE: 26 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003463
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