Applicant Name: ?????
Application Receipt Date: 2009/03/06 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: NIF Date: NIF
Discharge Received: Date: 041201 Chapter: 3 AR: 635-200
Reason: Court-Martial, Other RE: SPD: JJD Unit/Location: 512th QM Co, Hunter Army Airfield, GA
Time Lost: Confinement/Military Authorities for 77 days (031003-031218), as a result of court-martial sentence.
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): 031003, SPCM, failure to report x 2 (030527), (030527); willfully disobey a lawful order from a SFC (030512), willfully disobey a lawful order from a SGT (030516); steal an ATM card of a value less than $500, the property of a SPC (030201), steal $20, the property of a SPC x 6 (030201), (030331), (030429), (030430), (030501), (030530), steal $140, the property of a SPC (030527), steal $100, the property of a SPC (030601), steal $200, the property of a SPC (030701), and steal $10, the property of a SPC (030709); reduction to E-1, confinement for five (5) months, and a bad conduct discharge.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 23
Current ENL Date: 000721 Current ENL Term: 3 Years retained in service 500 days for the convenience of the Government per AR 635-200.
Current ENL Service: 04 Yrs, 01Mos, 26Days ?????
Total Service: 09 Yrs, 07Mos, 07Days includes 349 days of excess leave (031219-041201)
Previous Discharges: ARNG-950208-950603/NA
IADT-950604-950810/NA
ARNG-950811-960818/NA
ADT-960819-961119/UNC
ARNG-961120-971023/HD
RA-971024-000720/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 92W10 Water Treatment Spec GT: 110 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: Williston, SC
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 3 October 2003, the applicant was found guilty by a special court-martial of willfully disobeying a lawful order from a SFC (030512), willfully disobeying a lawful order from a SGT (030516); stealing an ATM card of a value less than $500, the property of a SPC (030201), stealing $20, the property of a SPC x 6 (030201), (030331), (030429), (030430), (030501), (030530), stealing $140, the property of a SPC (030527), stealing $100, the property of a SPC (030601), stealing $200, the property of a SPC (030701), and stealing $10, the property of a SPC (030709). He was sentenced to reduction to E-1, confinement for five (5) months, and a bad conduct discharge. That part of the sentence adjudging confinement in excess of three months is suspended for three months at which time, unless the suspension is sooner vacated, the suspended part of the sentence will be remitted without further notice. On 26 March 2004, 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. The United States Army Court of Military Review documentation affirming the approved findings of guilty and the sentence is not part of the available record and the analyst presumed Government regularity in the process. On 19 April 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:
?????
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 4 December 2009 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Discussion, Determination, and Recommendation
?????
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 AR20090006788
______________________________________________________________________________
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