Applicant Name:  ?????

Application Receipt Date: 2009/05/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Applicant is requesting that his discharge be upgraded due to the negative effect his current discharge has on employment. Applicant realizes the bad/immature decisions he made at the time and would possibly like to re-enlist.

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: 041015   Chapter: 3      AR: 635-200
Reason: Court Martial,Other	   RE:     SPD: JJD   Unit/Location: B Company, 1-12th Cav Div, ICD, Fort Hood, TX 

Time Lost: AWOL for 142 days (020919-030207) apprehended.  Military confinement for 85 days (030407-030630), as part of his punishment from a Special Court-Martial sentencing. Total time lost is 227 days.

Article 15s (Charges/Dates/Punishment): 001208, AWOL for 1 day from 001205-001206, forfeiture of $217.00, suspended, to be automatically remitted if not vacated before 010108; extra duty and restriction for 14 day (CG) 

Courts-Martial (Charges/Dates/Punishment): The Special Court-Martial proceedings adjudged on 030417 are not part of the available record; however, the evidence of record shows that the applicant was sentenced to a BCD, confinement for 4 months, forfeiture of $767.00 pay per month for 6 months, and reduction to the grade of Private E-1. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 000801    Current ENL Term: 4 Years  00
Current ENL Service: 	03 Yrs, 06Mos, 08Days Includes 473 days of excess leave from (030701-041015)
Total Service:  		03 Yrs, 06Mos, 08Days ?????
Previous Discharges: 	NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19K10 Armor Crewman   GT: 81   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, NDSM,ASR

V.  Post-Discharge Activity
City, State:  Killeen, TX
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to the 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.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 3, AR 635-200, by reason of a special court-martial with issuance of a bad conduct discharge.  Furthermore, the DD Form 214 shows a Separation Code of JJD (i.e., court-martial, other) with a reentry eligibility (RE) code of "4."  The evidence of record further shows that on 16 August 2004, DA, HQ, US Army Armor Center, Fort Knox, KY issued Special Court-Martial Order Number 158 indicating that on 17 April 2003, the applicant was found guilty by a Special Court-Martial.  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 4 months, forfeiture of $767.00 pay per month for 6 months, and reduction to E-1.  On 21 July 2003, the sentence was affirmed.  On 16 August 2004, the sentence having been affirmed pursuant to Article 71c having been complied with, the sentence was ordered to be executed.
       
       Additionally, the record contains a prior elimination action initiated on 22 January 2001 under AR 635-200, Chapter 7-17 for Fraudulent Enlistment.  Applicant had concealed a prior illegal drug use on his enlistment contract and SF 86. The chain of command at the time supported the retention of the applicant and gave him a second chance.

       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 available 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. 
       
       The analyst noted the applicant's issue regarding how his discharge characterization affects his employment opportunities; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Furthermore, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       Finally, 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.  After a thorough review of the applicant’s available 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: 17 March 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 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: ?????										
RE Code: 
Grade Restoration:   No   Yes   Grade: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090008981
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