Applicant Name:  

Application Receipt Date: 20080710	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states, "I am asking to have my discharge changed because i am wanting to get back into the service. i realize i made a mistake when i went awol. I have regretted the mistake ever since i was court marshalled. i would like to get back into the army to serve my country again. Please consider my request to change my discharge".

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 040930   Chapter: 3, Sec IV       AR: 635-200
Reason: Court Martial, Other	   RE:     SPD: JJD   Unit/Location: A CO, 1/12 IN BN, Ft Carson, CO 

Time Lost: AWOL (020709-030617) 343 days apprehended; Military confinement (030618-030925), 99 days, total time lost 442 days.

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

Courts-Martial (Charges/Dates/Punishment): 030922, Special Court Martial, without authority absent himself from his unit on or about (020709-030618), reduction to E1, forfeiture of $767 pay for five months, confinement for 140 days and a Bad Conduct Discharge 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 990706    Current ENL Term: 4 Years  ?????
Current ENL Service: 	04 Yrs, 00Mos, 08Days includes 371 days of excess leave (030926-040930)
Total Service:  		06 Yrs, 00Mos, 07Days ?????
Previous Discharges: 	RA 970630-990705/HD
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 11M/ FV Infantryman   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AGCM

V.  Post-Discharge Activity
City, State:  Missoula, MT
Post Service Accomplishments: None submitted.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 August 2003, the applicant was found guilty by a special court-martial for going AWOL (020709-030618).  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 140 days, and reduction to E-1.  On 28 October 2003 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 26 April 2004, The United States Army Court of Criminal Appeals affirmed the approved findings of guilty and the sentence.  On 9 July 2004, 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, 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 incidents 
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.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry 
eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  After a careful review of all the applicant’s military records during the period of enlistment under review and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  The applicant was discharged under the provisions of Chapter 3, AR 635-200, by reason of court martial with a bad conduct discharge.  The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 3, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Court Martial” and the separation code is "JJD."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of 
AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is 
authorized.  There is no provision for any other reason to be entered under this regulation.  In view of the 
foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends
to the Board to deny relief.After a thorough review of the applicant’s record and the issue submitted with the 
application, the analyst found no cause for clemency and therefore recommends to the Board to deny clemency.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 1 May 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 0    No change 5
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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011402
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