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. Soldiers 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 applicants 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 applicants 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 applicants record of service during the period of enlistment under review and considering the analysts 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
______________________________________________________________________________
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