Search Decisions

Decision Text

ARMY | DRB | CY2009 | AR20090009300
Original file (AR20090009300.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2009/05/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Reenlistment, was young and immature.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: N/A
Discharge Received: 			   Date: 090116   Chapter: 3       AR: 635-200
Reason: Court Martial, Other	   RE:     SPD: JJD   Unit/Location: B Co, 3d Bn, 7th IN, 4th Bde, 3rd ID, Fort Stewart, Georgia 

Time Lost: AWOL for 266 days; apprehended, and 146 days confinement as result of a court martial (070831-080124), total time lost 412 days.

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

Courts-Martial (Charges/Dates/Punishment): 070907, Special Court Martial as the result of being AWOL.  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for six months, and reduction to the grade of Private (E1).

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 060221    Current ENL Term: 4 Years  19 weeks
Current ENL Service: 	1 Yrs, 09Mos, 08Days Includes 358 days of excess leave (080125-090116).
Total Service:  		1 Yrs, 09Mos, 08Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 102   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             The evidence of record shows that on 7 September 2007, the applicant was found guilty by a special court-martial of being AWOL.  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for six months, and reduction to E-1.  On 21 February 2008, 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 17 April 2008, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 18 August 2008, the sentence having been affirmed pursuant to Article 71c being complied with, ordered the sentence 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. 
       
       The applicant wants to reenlist but at the time of discharge he 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. 
       
       Additionally, 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.
       
       After a thorough review of the applicant’s 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, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, DD Form 214, and court martial order.

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 AR20090009300
______________________________________________________________________________


Page 3 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2009 | AR20090008981

    Original file (AR20090008981.txt) Auto-classification: Denied

    Applicant Name: ????? Military confinement for 85 days (030407-030630), as part of his punishment from a Special Court-Martial sentencing. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: ?????

  • ARMY | DRB | CY2008 | AR20080012818

    Original file (AR20080012818.txt) Auto-classification: Denied

    Applicant Name: Application Receipt Date: 2008/08/11 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and the attached documents submitted by the Applicant. 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...

  • ARMY | DRB | CY2009 | AR20090021391

    Original file (AR20090021391.txt) Auto-classification: Denied

    The evidence of record indicates the applicant was adjudged guilty by court-martial and that the convening authority approved the sentence. Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions. 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 Legend: AWOL...

  • ARMY | DRB | CY2008 | AR20080011402

    Original file (AR20080011402.txt) Auto-classification: Denied

    After a careful review of all the applicant’s military records during the period of enlistment under review and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Court Martial” and the separation code is "JJD." Board Action Directed President, Army Discharge...

  • ARMY | DRB | CY2009 | AR20090008419

    Original file (AR20090008419.txt) Auto-classification: Denied

    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. After a thorough review of the applicant’s record and the issue submitted with the application, the analyst found no cause for...

  • ARMY | DRB | CY2008 | AR20080015283

    Original file (AR20080015283.txt) Auto-classification: Denied

    Applicant Name: ????? 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. 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.

  • ARMY | DRB | CY2009 | AR20090006407

    Original file (AR20090006407.txt) Auto-classification: Denied

    Applicant Name: ????? 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. Furthermore, the analyst noted the applicant's issue; however, the issues that the applicant submitted are not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process nor is it associated with...

  • ARMY | DRB | CY2008 | AR20080014999

    Original file (AR20080014999.txt) Auto-classification: Denied

    He was sentenced to be discharged with a Bad Conduct Discharge. The evidence of record indicates that the applicant was adjudged guilty by court-martial and that the convening authority approved the sentence. The Army Discharge Review Board is empowered to change the characterization of the discharge only if clemency is determined to be appropriate.

  • ARMY | DRB | CY2008 | AR20080012673

    Original file (AR20080012673.txt) Auto-classification: Denied

    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. After a thorough review of the applicant’s 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No...

  • ARMY | DRB | CY2007 | AR20070010229

    Original file (AR20070010229.txt) Auto-classification: Denied

    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. After a thorough review of the applicant’s record and the issue he submitted, the analyst found no cause for clemency and therefore recommend to the Board no clemency. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 31...