Applicant Name:  ?????

Application Receipt Date: 2009/07/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Applicant believes that his discharged should be reviewed in consideration of the length and quality of overall service record.

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: 080407   Chapter: 3      AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: HHC, 1Bn, 68th AR Regt, 3rd BCT, 4th ID, FOB Gabe, Iraq. 

Time Lost: AWOL x3 for total time lost 76 days. (050731-050804, 051007-051112, 060310-060418). Detail of lost time NIF.

Article 15s (Charges/Dates/Punishment): NIF. (Applicant stated in testimony Article 15 for disrespect to an NCO.)

Courts-Martial (Charges/Dates/Punishment): 060310, SPCM, (charges NIF) reduction to E1, forfeiture of $849 x 5, confinement for 4 mo, BCD.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 020319    Current ENL Term: 3 Years  ?????
Current ENL Service: 	5 Yrs, 0Mos, 18Days (excess leave 720 days, 060419-080407)
Total Service:  		6 Yrs, 3Mos, 21Days ?????
Previous Discharges: 	USAR 980723-990616/NA
                                       ADT 990617-991123/UNC
                                       USAR 991124-010724/NA
                                       USMC 010725-011102/UNC
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 19K10 Armor Crewman   GT: 93   EDU: HS Grad   Overseas: Germany   Combat: NIF. (Applicant stated in testimony service in Iraq)
Decorations/Awards: AGCM, NDSM, ASR,OSR (Applicant stated in testimony 2 x ARCOM, 1x AAM and PUC that were NIF). 

V.  Post-Discharge Activity
City, State:  De Pere, WI
Post Service Accomplishments: None provided by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 March 2006, the applicant was found guilty by a special court-martial (charges NIF).  He was sentenced to be discharged with a Bad Conduct Discharge, forfeiture of $849 x5, confinement for 4 months, and reduction to E-1.  On 30 August 2006, 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 31 January 2007, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 31 January 2008, 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 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. 
       
        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 and the issue and documents 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: 22 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Gail Severson (mother) 

Exhibits Submitted: DD Form 292, DD Form 214, orders, picture of applicant.











VIII.  Board Discussion, Determination, and Recommendation
            After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA


























Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090013432
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