Applicant Name:  ?????

Application Receipt Date: 2009/04/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety to be considered by the board.

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: NA
Discharge Received: 			   Date: 060428   Chapter: 3    AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: Company B, 3rd Battalion, 7th Infantry Regiment, Fort Stewart, GA 

Time Lost: AWOL x 1, for 15 days from on or about 020807-020821; the applicant returned to his unit. Military confinement, for 141 days from on or about 040707-041127. Total time lost 156 days. 

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

Courts-Martial (Charges/Dates/Punishment): 040707; Special Court-Martial for wrongfully making an official statement, which was false on or about 031124; stealing $2200.00 from a Private First Class, between on or about 031017-031110; and wrongfully using marijuana between on or about 040313-040412. He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 7 months, and reduction to the grade of Private (E-1).  

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 020115    Current ENL Term: 3 Years  ?????
Current ENL Service: 	3 Yrs, 10 Mos, 11 Days Includes 520 days of excess leave from (041125-060428). Also, the applicant was retained in the service 306 days for the convenience of the government per AR 635-200. 
Total Service:  		3 Yrs, 10 Mos, 11 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 108   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
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 7 July 2004, the applicant was found guilty by a special court-martial; in that he made an official statement, which was false on or about 031124; stole $2200.00 from a (PFC), Private First Class, between on or about 031017-031110; and wrongfully used marijuana between on or about 040313-040412.  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 7 months, and reduction to E-1.  On 13 December 2004, the sentence was approved, except for the part of the sentence extending to a Bad Conduct Discharge, will be executed, but the execution of that part of the sentence extending to confinement in excess of 6 month is suspended for 6 months, at which time, unless the suspension is sooner vacated, the suspended part of the sentence will be remitted without further action. The automatic forfeiture of pay and allowances required by Article 58(b) UCMJ, was waived effective 21 July 2004, with the direction that the forfeitures in the amount of $800.00 per month for 5 months are paid to the spouse in support of the family members.  The record of trial was forwarded to The Judge Advocate General of The Army for review by the Court of Military Review.  On 13 September 2005, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 3 February 2006, 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, 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, the analyst noted that the applicant did not submitted an issue of equity or propriety to be considered by the board and the Army Discharge Review Board has not otherwise relied upon an issue of equity or propriety to change the discharge.  In view of the foregoing, 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: 27 January 2010         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 0
(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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090008326
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