Applicant Name:  ?????

Application Receipt Date: 2009/08/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he received a document stating that his court-martial had been reviewed and was found to be a "honorable" discharge. Thank you for your consideration in this matter.

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: 031114   Chapter: 3, Section IV       AR: 635-200
Reason: Court-Martial	   RE:     SPD: JJD   Unit/Location: HQ & HQ Troop, 2nd Squadron, 11th Armored Cavalry Regiment, Fort Irwin, CA  

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): Special Court-Martial; adjudged on 991214, for attempting to commit an indecent act upon a child under the age of 16 years, on or about 991009, committing an indecent act upon a child under the age of 16 years, on or about 991009.  He was sentenced to reduction to Private (E-1), forfeiture of $600.00 pay per month for six months, to be discharged from the service with a bad conduct discharge, perform hard labor without confinement for 60 days, restriction for 60 days and to be confined for 60 days.  The military judge further recommended that the convening authority suspend the period of confinement for six months. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 980618    Current ENL Term: 3 Years  ?????
Current ENL Service: 	5 Yrs, 4 Mos, 27 Days The computation includes 1,262 days of excess leave from (000601-031114).
Total Service:  		5 Yrs, 4 Mos, 27 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11C10 Indirect Fire Infantryman   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 December 1999, the applicant was found guilty by a special court-martial for attempting to commit an indecent act upon a child under the age of 16 years, on or about 991009, committing an indecent act upon a child under the age of 16 years, on or about 991009.  He was sentenced to reduction to Private (E-1), forfeiture of $600.00 pay per month for six months, to be discharged from the service with a bad conduct discharge, perform hard labor without confinement for 60 days, restriction for 60 days and to be confined for 60 days.  The military judge further recommended that the convening authority suspend the period of confinement for six months.  On 10 March 2000, only so much of 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.  The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 6 March 2003, the sentence having been affirmed pursuant to Article 71c having been complied with, the sentence to be discharged with a bad conduct discharge 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 evidence of record indicates that the applicant was adjudged guilty by a special 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 appropr
       
       The analyst noted the applicant's issue that he received a document stating that his court-martial had been review and was found to be honorable.  The document which is generated when a Soldier successfully completes his statutory obligation; the applicant alludes to, appears to have been erroneously generated from the DA, US Army Human Resources Command, St. Louis, MO, and appears to be invalid on its face and was not authenticated by the officiary's signature. 
       
       The US Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. 
       
       Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  The Defense Discharge Review Standards specifically state that no factors should be established that requires automatic change or denial of a change in discharge. 
       
        After a thorough review of the applicant’s record and the issue and document 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: 9 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted a copy of an Order, which appears to be erroneously generated from the DA, US Army Human Resources Command, St. Louis, MO, showing the type of discharge from the US Army Reserve as honorable, with an effective date: 12 July 2005, which was not authenticated by the officiary's signature.


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 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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change





























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 AR20090014874
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