Applicant Name: ?????
Application Receipt Date: 2008/11/24 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See 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: 050907 Chapter: 3, Sec IV AR: 635-200
Reason: Court-Martial, Other RE: SPD: JJD Unit/Location: A Btry, PS Bn, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, OK
Time Lost: Military Confinement, 55 days (020725-020917)
Article 15s (Charges/Dates/Punishment): None Listed
Courts-Martial (Charges/Dates/Punishment): 050513, SPCM, (Offense NIF), forfeiture of $737.00 pay for two months, confinement for two months, reduction to E-1, Bad Conduct Discharge.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 990803 Current ENL Term: 4 Years ?????
Current ENL Service: 5 Yrs, 11Mos, 10Days includes 1044 days excess leave (021030-050907)
Total Service: 5 Yrs, 11Mos, 10Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 11B10/Infantryman GT: 103 EDU: HS GRAD Overseas: Alaska Combat: None
Decorations/Awards: AAM, NDSM, ASR, PRCHT
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: The applicant states that he graduated from Mohawk Valley Community College in May 2008 with an Associates Degree in Heating, Ventilation, A/C and Refrigeration (HVAC/R). He states that he has worked in the HVAC/R field since graduation.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature, and a Special Court-Martial Order. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 3, AR 635-200, section IV by reason of court-martial (other), with a Bad Conduct separation of service. Furthermore, the DD Form 214 shows a Separation Code of JJD (i.e., Court-Martial, Other). Special Court-Martial Order Number 36.2, Headquarters, U.S. Army Field Artillery Center and Fort Sill, dated 13 May 2005, shows that the applicant was to be sentenced to forfeiture of $737.00 pay for two months, confinement for two months, reduction to E-1, and discharged with a Bad Conduct Discharge. On 13 May 2005, the sentence having been affirmed pursuant to Article 71c having been complied with, the Bad-Conduct Discharge 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 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: 24 June 2009 Location: Chicago, IL
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: Yes; Copy of College Degree
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony, 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: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080019479
______________________________________________________________________________
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