Applicant Name:  ?????

Application Receipt Date: 2009/05/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: 	   Date: NIF
Discharge Received: 			   Date: 030414   Chapter: 3       AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: Btry A, 1st Bn, 77th FA, Ft. Sill, OK 

Time Lost: 77 days, (000127-000414), confined by military authorities.

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

Courts-Martial (Charges/Dates/Punishment): 000127 Special Court-Martial wrongfully stopping at an unauthorized on-post location while transporting a handgun, wrongfully transporting a handgun without securing the handgun in an unauthorized manner, and assault with a loaded firearm by shooting into the ground near an unknown person; reduction to E1, confinement for 100 days and Bad-Conduct Discharge. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 980327    Current ENL Term: 5 Years  0
Current ENL Service: 	5 Yrs, 00Mos, 17Days ?????
Total Service:  		7 Yrs, 03Mos, 25Days Excess leave 1036 days (000613-030414)
Previous Discharges: 	RA 951002-980326/HD 
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 77F10 Petroleum Supply   GT: 93   EDU: HS Letter   Overseas: Bosnia-Herzegovina/Germany   Combat: None
Decorations/Awards: AAM-2, ASM, NATOM,  ASUA, AGCM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Columbus, GA
Post Service Accomplishments: Nothing provided by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 27 January 2000, the applicant was found guilty by a special court-martial for  wrongfully stopping at an unauthorized on-post location while transporting a handgun, wrongfully transporting a handgun without securing the handgun in an unauthorized manner, and assault with a loaded firearm by shooting into the ground near an unknown person (991217).  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 100 days, and reduction to E-1.  On 6 April 2000, 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 20 February 2003, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  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 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.  
       
       Furthermore, the analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       
       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.
       
       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: 12 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 determined that the discharge was both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change NA    No change NA
(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 AR20090010003
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