Applicant Name:  ?????

Application Receipt Date: 2008/03/10	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: 070629   Chapter: 3     AR: 635-200
Reason: Court-Martial, Other 	   RE:     SPD: JJD   Unit/Location: HSC, 1-5 SFG (ABN), Fort Campbell, KY 

Time Lost: AWOL x 2 for 194 days (050404-050406), mode of return unknown, and (050412-051022), apprehended;  confinement/military authorities for 84 days (051023-060110).  Total time lost  278 days.

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

Courts-Martial (Charges/Dates/Punishment): 060111, SPCM, AWOL x 2 from (050404-050406) and (050412-051022), reduction to E-1, confinement for 84 days, and to be discharged with a BCD.  The applicant was credited with 84 days confinement toward the sentence to confinement. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 030129    Current ENL Term: 3 Years  Retained in service 242 days for the convenience of the Government per AR 635-200.
Current ENL Service: 	03 Yrs, 07Mos, 29Days ?????
Total Service:  		03 Yrs, 07Mos, 29Days Includes 492 days of excess leave (060223-070629)
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Operations   GT: 93   EDU: HS Grad   Overseas: None   Combat: The applicant stated in his DD Form 293 that he served two tours in Iraq (0309-04020 and (0405-0412), however, the record does not support this claim.
Decorations/Awards: NDSM, ASR/The applicant stated in his DD Form 293 that he was awarded an ARCOM,  however, the record does not support this claim.

V.  Post-Discharge Activity
City, State:  Deerfield Beach, 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 11 January 2006, the applicant was found guilty by a special court-martial of AWOL x 2 from (050404-050406) and (050412-051022), until apprehended.  He was sentenced to be  reduced to E-1,  confinement for eighty-four (84 days), and a BCD.  On 28 April 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 20 July 2006, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 6 March 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 a 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 recommends to the Board no clemency.  Furthermore, the analyst noted the applicant's issue and 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.  Further, the record does not support the applicant’s issue, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  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 reason for discharge and the characterization of service  were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 7 January 2009         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 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         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 AR20080003795
______________________________________________________________________________


Page 1 of 3 pages