Applicant Name:  ?????

Application Receipt Date: 2008/08/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed 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: 080312   Chapter: 3       AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: F Company, 795th MP BN, 14th MP BDE, Ft Leonard Wood, MO 

Time Lost: 95 days, Military Confinement (061116-070218)

Article 15s (Charges/Dates/Punishment): 861126, sleeping at his guard post at the Main Gate (861121), 
oral reprimand, reduction to E2 and forfeiture of $75 for one month (CG)

Courts-Martial (Charges/Dates/Punishment): 061101, Special CM, engaging in a personal relationship 
with a trainee and adultery (060513-060514) BCD, forfeiture of pay waived for the duration of 
confinement and awarded to Ms W., confinement for 4 months, reduced to E2 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  37
Current ENL Date: 050526    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 	02 Yrs, 09Mos, 17Days includes 388 days of excess leave (070219-080312)
Total Service:  		21 Yrs, 03Mos, 15Days ?????
Previous Discharges: 	USAR 841214-851021/NA
                                        RA 851022-911204/HD
                                        USAR 911205-940102/NA
                                        ARNG 940103-980702/HD
                                           (BREAK in SERVICE)
                                        USAFR 980825-990224/NA
                                        RA 990225-010226/HD
                                        RA 010227-050525/HD

Highest Grade: SSG		Performance Ratings Available: Yes    No 
MOS: 31B1P2/Military Police   GT: 118   EDU: Associate Degree   Overseas: Hawaii, Turkey   Combat: Kosovo (000528-001209), Iraq (040112-050105), Afghanistan (per affidavit from CPT Minor, Company Commander)
Decorations/Awards: MSM, JSCM, ARCOMx2, AAMx4, MUC, AGCMx4 NDSM, GWOTEM, GWOTSM, KOSCM, NCOPDR, ASR, OSRx2, NATOMDL, ACM, ICM 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Employed with Goodyear Tire and Rubber Company, since 1 May 2007.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 November 2006, the applicant was found guilty by a 
special court-martial of engaging in a personal relationship with a trainee and adultery 
(060513-060514).  He was sentenced to be discharged with a Bad Conduct Discharge, confinement 
for 4 months, and reduction to E-2.  On 16 November 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 7 June 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 a careful review of all the applicant’s military records and the documents he 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 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 applicant’s 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.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 2 February 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: (Spouse) 

Exhibits Submitted: MFR from Current Supervisor
                                   DA Photograph
                                   Photo of Head Injury
                                   Copies of Emails from PERSCOM


VIII.  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 determined that the characterization of service was too harsh, and clemency is warranted
based on the overall length and quality, of the applicant’s service including combat and numerous 
letters of recommendations.  The board also noted the Presiding Trial Judge's recommendation that
 the Bad Conduct Discharge be suspended.  Accordingly, the Board voted to upgrade the applicant’s 
characterization of service to general, under honorable conditions.  A change in the reason for 
discharge is not authorized under Federal statute.

IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080012673
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