Applicant Name: ?????
Application Receipt Date: 2008/05/09 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that he request an upgrade so that he may become successful at finding suitable employment. His level of discharge has diabled him on several ocassions from becoming gainfully employed.
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: NA
Discharge Received: Date: 020403 Chapter: 3 AR: 635-200
Reason: Court-Martial RE: SPD: JJD Unit/Location: 988th Military Police Company, Military Police Activity, Fort Benning, GA 31905-5000
Time Lost: Desertion x 1 for 100 days (000606-000913). Apprehended by the civilian authorities in Montgomery County, MS, and transferred to the military authorities; Fort Knox, KY 40121. Military confinement for 26 days (001214-010109), as part of the sentencing from the Special Court-Martial. Total time lost 126 days.
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): 001220, Special Court-Martial-for Desertion from (000606-000914). Sentenced to reduction to Private (E-1); forfeiture of $670.00 pay per month for 2 months; confinement for 2 months and to be discharged with a bad-conduct discharge.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 970903 Current ENL Term: 4 Years ?????
Current ENL Service: 4 Yrs, 2 Mos, 24 Days Retained in the service 86 days for the convenience of the Government and excess leave for 449 days (010110-020403)
Total Service: 4 Yrs, 2 Mos, 24 Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 75B10 Personnel Admin Spec GT: 96 EDU: HS Grad Overseas: Korea (980118-990120) Combat: None
Decorations/Awards: NDSM, ASR, OSR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 20 December 2000, the applicant was found guilty by a special court-martial of Desertion from (000606-000914). He was sentenced to reduction to Private (E-1); confinement for 2 months, forfeiture of $670.00 pay per month for 2 months and to be discharged from the service with a Bad Conduct Discharge. On 3 May 2001, 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 10 July 2001, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. On 12 December 2001, 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 applicants military records, supporting document and the issue submitted, 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 incident 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. Further, the analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. After a thorough review of the applicants record, the analyst found no cause for clemency and therefore recommend to the Board to deny clemency.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 4 March 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 applicants record of service during the period of enlistment under review and considering the analysts 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 0
(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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080007858
______________________________________________________________________________
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