Applicant Name: ?????
Application Receipt Date: 2008/07/31 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The Applicant states that he requests an upgrade for the purpose of obtaining VA benefits.
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: Not In File
Discharge Received: Date: 060816 Chapter: 3 AR: 635-200
Reason: Court Martial, Other RE: SPD: JJD Unit/Location: HHC, 1-27 IN Bn, Schofield Bks, HI
Time Lost: 182 days, AWOL (040120-040720), mode of return is unknown; 217 days, confined by military authorities (041104-050608). Total time lost is 399 days.
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): 041104, SPCM, AWOL (040120-040722), missed movement (040120), reduction to E-1, forfeiture of $795 x 9, confinement for 9 months, and a Bad Conduct Discharge.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 21
Current ENL Date: 020821 Current ENL Term: 4 Years ?????
Current ENL Service: 02 Yrs, 10Mos, 20Days Excess leave 1,869 days (010705-060816)
Total Service: 03 Yrs, 03Mos, 11Days `
Previous Discharges: USAR 001129-010420/UNC
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 42L10/Admin Spc GT: 91 EDU: HS Grad Overseas: Hawaii Combat: None
Decorations/Awards: NDSM
V. Post-Discharge Activity
City, State: Los Angeles, CA
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 4 November 2004, the applicant was found guilty by a special court-martial of being AWOL (040120-040722) and missing movement (040120). He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 9 months, forfeiture of $795 for 9 months, and reduction to E-1. On 18 April 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 16 February 2006, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. On 16 August 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 a careful review of all the applicants 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. After a thorough review of the applicants record and the issue submitted with the application, the analyst found no cause for clemency and therefore recommend to the Board to deny clemency. Furthermore, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 6 May 2009 Location: Washington, D.C.
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 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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080012422
______________________________________________________________________________
Page 1 of 2 pages
ARMY | DRB | CY2009 | AR20090020530
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. The evidence of record indicates the applicant was adjudged guilty by a court-martial and that the sentence was approved by the...
ARMY | DRB | CY2010 | AR20100021883
Applicant Name: ????? After a thorough review of the applicants record, the issue and documents submitted with the application, the analyst found no cause for clemency and therefore recommends to the Board to deny clemency. 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 Legend: AWOL Absent Without Leave GCM General Court Martial NA Not...
ARMY | DRB | CY2009 | AR20090008255
Current ENL Service: 3 Yrs, 11Mos, 03Days ????? 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. 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.
ARMY | BCMR | CY2011 | AR20110000025
Applicant Name: ????? The evidence of record indicates that the applicant was adjudged guilty by court-martial and that the convening authority approved the sentence. 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 Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge...
ARMY | DRB | CY2009 | AR20090000762
Applicant Name: ????? 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. After a thorough review of the applicants record and the issue submitted with the application, the analyst found no cause for clemency and therefore recommends to the Board to deny clemency.
ARMY | DRB | CY2010 | AR20100007540
Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states in effect that he received an MBA and wants to enhance his job opportunities. After a thorough review of the applicants record and the issue and documents submitted with the application, the analyst found no cause for clemency and therefore recommends to the Board to deny clemency. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the...
ARMY | BCMR | CY2011 | AR20110024215
Applicant Name: ????? The evidence of record indicates that the applicant was adjudged guilty by court-martial and that the convening authority approved the sentence. Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (111201); Applicant's letter to the Secretary of the Army, dated (070708); Commanding General, Fort Polk, response to the letter from the applicant, dated (070817); two (2) Secretary of the Army, respones to the letter from the applicant, dated...
ARMY | DRB | CY2009 | AR20090006413
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. The Army Discharge Review Board is empowered to change the characterization of the discharge only if clemency is determined to be...
ARMY | DRB | CY2009 | AR20090009590
Applicant Name: ????? After a thorough review of the applicants record and the issue and documents submitted with the application, the analyst found no cause for clemency and therefore recommend to the Board to deny clemency. 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...
ARMY | DRB | CY2011 | AR20110021534
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. The evidence of record indicates the applicant was adjudged guilty by a court-martial and that the sentence was approved by the...