Applicant Name:  ?????

Application Receipt Date: 2009/10/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I feel my discharge should be changed for several reasons. For one, I believe my charge of "bad conduct" was, in part, due to a mis-diagnosed case of PTSD... a syndrome not extensively treated during the first part of the Iraq war. It is a well known fact that several of these cases were, for lack of a better term, "pushed under the rug". I do not fully blame the military for this because I understand that they didn't fully realize the severity of PTSD at that time.  Secondly, I was always VERY passionate about my time in the service... always excelling at everything I did. I WAS A GOOD SOLDIER. During my hearing, I had several respectively higher ranking individuals MORE than willing to attest to my good-doing in the Army. I fully accept the wrong actions I took and blame NO OTHER. Having said that, I want VERY much to re-enter the service and feel I should be granted the opportunity to undo my wrong, and most importantly to serve my beloved country again."

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 060120   Chapter: 3      AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: Maint Trp, Spt Sqdn, 3rd ACR, Fort Carson, CO 

Time Lost: AWOL for 81 days (040624-040912), mode of return unknown; Confinement/Military Authorities for 187   days.  Total time lost 268 days.

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

Courts-Martial (Charges/Dates/Punishment): 050225, SPCM, without authority, failing to report at the time prescribed to his place of duty x 6 (040518), (040526), (0401202), (0401228, (0401229), and (050112); absenting himself from his unit (040624-040913); violating a lawful general regulation, by wrongfully possessing drug paraphernalia (040517); wrongfully using cocaine x 2 (040514-040517), (040601-040604); wrongfully using d-methamphetamine (040601-040604); wrongfully using marijuana (040505-040604); driving while the alcohol concentration in his breath was .10 grams or more of alcohol per 210 liters of breath (050129); and wrongfully using methamphetamine (041119-041122).  Reduction to E-1, forfeiture of $882 pay x seven (7) months, confinement for  (7) months, and a bad conduct discharge.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 000621    Current ENL Term: 04 Years  6 months extension/retained in service 311 days for the convenience of the Government per AR 635-200.
Current ENL Service: 	04 Yrs, 10Mos, 05Days ?????
Total Service:  		04 Yrs, 10Mos, 05Days includes 143 days of excess leave (050831-060131)
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 45K10 Armament Repairer   GT: 109   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR



V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 25 February 2005, the applicant was found guilty by a special court-martial of without authority, failing to report at the time prescribed to his place of duty x 6 (040518), (040526), (0401202), (0401228, (0401229), and (050112); absenting himself from his unit (040624-040913); violating a lawful general regulation, by wrongfully possessing drug paraphernalia (040517); wrongfully using cocaine x 2 (040514-040517), (040601-040604); wrongfully using d-methamphetamine (040601-040604); wrongfully using marijuana (040505-040604); driving while the alcohol concentration in his breath was .10 grams or more of alcohol per 210 liters of breath (050129); and wrongfully using methamphetamine (041119-041122).  Reduction to E-1, forfeiture of $882 pay x seven (7) months, confinement for  (7) months, and a bad conduct discharge.
       
       On 31 March 2005, 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 15 July 2005, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  
       
       On 10 November 2005, 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 during the period of enlistment under review, the  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 clearly shows that the applicant was adjudged guilty by 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. 
       
       By the misconduct (court-martial conviction), the applicant diminished the quality of the former Soldier’s service below that meriting a general, under honorable conditions discharge.  
       
       The analyst noted the applicant's issue that he believes his discharge was due in part to a miss diagnosis of post-traumatic stress disorder.  However, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  
       
             Furthermore, at the time of discharge the applicant 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. 


       
       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 issues and documents submitted with the application, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable, and found no cause for clemency and therefore recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 30 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted the following documents; Special Court-Martial Order Number 220, dated (051110); Special Court-Martial Order Number 5 (3) pages, dated (050331); and a DD Form 214, dated (060120). 

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 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: None













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 AR20090017777
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