Applicant Name:
Application Receipt Date: 2008/11/17 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: NIF Date: NIF
Discharge Received: Date: 071012 Chapter: 3 AR: 635-200
Reason: Court-Martial, Other RE: SPD: JJD Unit/Location: HQ & HQ Operations Co STB, APO, AE
Time Lost: Military Confinement Facility, Camp Arifjan, Kuwait (051209-060221)
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): Special Court-Martial, wrongfully possessing alcohol on 050830, wrongfully distributing alcohol to SGT G and other unknown Soldiers from 050401 to 050601, and wrongfully consuming alcohol between 050701-050830, reduced to E1, confined for 3 months and discharged with a bad-conduct discharge.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 23
Current ENL Date: 010803 Current ENL Term: 4 Years ?????
Current ENL Service: 6 Yrs, 02Mos, 09Days ?????
Total Service: 9 Yrs, 05Mos, 04Days Excess leave 233 days (070222-071212), Retained in Service for 801 days, convenience of government
Previous Discharges: RA 980226-000427/HD
RA 000428-010802/HD
Highest Grade: E6 Performance Ratings Available: Yes No
MOS: 63B10/Wheeled Vehicle Mech GT: 122 EDU: 1 year College Overseas: Korea, SWA Combat: Bosnia (010801-010831), Iraq (on or before 050830 until on or after 050830, exact dates unknown)
Decorations/Awards: AAMx4, AGCMx2, NDSM, AFEM, KDSM, OSR, NATO Medal
V. Post-Discharge Activity
City, State: Stockbridge, GA
Post Service Accomplishments: None submitted by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 9 December 2005, the applicant was found guilty by a special court-martial of wrongfully possessing alcohol on 050830, wrongfully distributing alcohol to SGT G and other unknown Soldiers from 050401 to 050601, and wrongfully consuming alcohol between 050701-050830. He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 3 months, and reduction to E-1. On 23 May 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 23 February 2007, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. On 14 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 applicants military records, the analyst found no mitigating factors that would warrant clemency. The analyst noted the applicant's issues and there was 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 recommends to the Board to deny clemency.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 28 August 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 determined that the characterization of
service was too harsh and clemency is warranted based on the overall length, quality and combat service of
the applicant's service. Accordingly, the Board voted to upgrade the applicants 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 4 No change 1
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 AR20080019400
______________________________________________________________________________
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