Applicant Name:  ?????

Application Receipt Date: 2008/12/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed 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: 070810   Chapter: 3       AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: HHC, 1-27 IN Bn, Schofield Barracks, HI 

Time Lost: Confinement/Military Authorities for 299 days (060215-061210), as a result of Special Court-Martial sentence.

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

Courts-Martial (Charges/Dates/Punishment): 060215, SPCM, failure to obey a lawful general order issued by a MG x 2, by wrongfully possessing a cellular phone (041101-050117), and wrongfully gambling (040701-050117); dereliction of duty (040701-050117); with intent to deceive, make a false official statement to a CPT (050117); with intent to deceive,  make a false official statement to a CID Agent (050123); steal two (2) compact discs, of a value of about $25.90, the property of AAFES; wrongfully steal certain mail matter from the 1-27 IN Bn mailroom x 5, to wit; a Sony 30 pack (050101-050117), a Hewlett-Packard Laptop Computer (040601-050117), a Dell Laptop Computer (040901-050117), a Gateway Laptop Computer (040601-050117), and an IPOD (040601-050117); steal a debit card of a value less than $500, the property of another Soldier (051002); steal two (2) digital video discs (DVDs), and one (1) Sony VAIO Laptop, of an approximate value of $1323.90, the property of another Soldier (051002); with the intent to defraud, forge the signature of another Soldier as a debit transaction, thereby causing the Soldier's checking account to be debited $1323.90 (051002); reduction to E-1, forfeiture of $849 x twelve (12) months, confinement for twelve (12) months, and  a bad conduct discharge. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 021029    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 01Mos, 18Days block 12c on the DD Form 214, Net Active Service This Period is incorrect, it reads; 03 Yrs, 11 Mos,12 Days, which does not account for 00 Yrs, 09 Mos, 26 Days of confinement,  should read; 03 Yrs, 01 Mos, 18 Days.
Total Service:  		03 Yrs, 02Mos, 24Days Includes 244 days of excess leave (061210-070810)
Previous Discharges: 	USAR-020903-021028/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 42L10 Admin Spec   GT: NIF   EDU: 12 Years   Overseas: Hawaii/Southwest Asia   Combat: Iraq (Date NIF)
Decorations/Awards: GWOTEM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Riverdale, GA
Post Service Accomplishments: The applicant claims he is a long distance truck driver.
 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 February 2006, the applicant was found guilty by a Special Court-Martial of failure to obey a lawful general order issued by a MG x 2, by wrongfully possessing a cellular phone (041101-050117), and wrongfully gambling (040701-050117); dereliction of duty (040701-050117); with intent to deceive, make a false official statement to a CPT (050117); with intent to deceive , make a false official statement to a CID Agent (050123); steal two (2) compact discs, of a value of about $25.90, the property of AAFES; wrongfully steal certain mail matter from the 1-27 IN Bn mailroom x 5, to wit; a Sony 30 pack (050101-050117), a Hewlett-Packard Laptop Computer (040601-050117), a Dell Laptop Computer (040901-050117), a Gateway Laptop Computer (040601-050117), and an IPOD (040601-050117); steal a debit card of a value less than $500, the property of another Soldier (051002); steal two (2) digital video discs (DVDs), and one (1) Sony VAIO Laptop, of an approximate value of $1323.90, the property of another Soldier (051002); with the intent to defraud, forge the signature of another Soldier as a debit transaction, thereby causing the Soldier's checking account to be debited $1323.90 (051002).  He was sentenced to reduction to E-1, forfeiture of $849 x twelve (12) months, confinement for twelve (12) months, and  a bad conduct discharge.  On 21 June 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 13 December 2006, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 21 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 during the period of enlistment under review, the issues and document he submitted, the analyst found no mitigating factors that would warrant clemency.  The evidence of record clearly shows that the applicant was adjudged guilty by 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 Board is empowered to change 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 issues he submitted, the analyst found no cause for clemency and recommends to the Board no clemency.  Furthermore, the analyst noted the applicant's issue; however, 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.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service  were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 2 October 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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090001693
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