Applicant Name:  ?????

Application Receipt Date: 2009/11/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that he was pending a court-martial, was distraught about family poblems he was having, and went AWOL to help his family.  He believs that his post traumatic stress disorder (PTSD) and traumatic brain injury (TBI) combined with his addictive tendencies caused him to do things that otherwise he would not have done.  He is seeking veterans' benefits but the VA has rejected his claim.  He requests an upgrade of his discharge to general, under honorable conditions to be able to get some VA benefits. 

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: 050502
Discharge Received: 			   Date: 080919   Chapter: 3    AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: B Co, 4-31 IN Rgt, Fort Drum, NY 

Time Lost: 374 days total.  AWOL for 202 days (050127-050816), apprehended; second AWOL for 65 days (051109-060112), apprehended; military confinement for 107 days (060112-060428).

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

Courts-Martial (Charges/Dates/Punishment): 061020, Special Court Martial (SPCM) for being AWOL on two occasions (050127-050816 and 051109-060112), confinement for 5 months, forfeiture of $785 for 5 months, and a bad conduct discharge.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 980403    Current ENL Term: NIF Years  No enlistement contract posted in the OMPF
Current ENL Service: 	09 Yrs, 05Mos, 08Days ?????
Total Service:  		10 Yrs, 02Mos, 06Days ?????
Previous Discharges: 	 IADT 970507-970815/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 107   EDU: HS Grad   Overseas: None   Combat: Served in an imminent danger pay area (030410-031001)
Decorations/Awards: NDSM, ASR, CIB

V.  Post-Discharge Activity
City, State:  Phoenix, NY
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 October 2006, the applicant was found guilty by a special court-martial of being absent without leave on two occasions (050127-050816 and 051109-060112).  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 5 months, and forfeiture of $785 for 5 months.  
       
       The sentence was approved except for the portion which referred to the bad conduct discharge.
       
       The record of trial was forwarded to The Judge Advocate General of The Army for review by the Court of Military Review.  On 28 December 2007, 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 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, and the issue and documents submitted with the application, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to general, under honorable conditions.  
       
       There was a full consideration of all faithful and honorable service as well as the incidents of misconduct.  The evidence of record indicates the applicant was adjudged guilty by court-martial and that the convening authority approved the sentence.  Court-martial convictions stand as adjudged or modified by appeal through the judicial process.  
       
       The Army Discharge Review Board is empowered to change the characterization of 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 analyst carefully reviewed the applicant’s military record and post service accomplishments and found that clemency was warranted.  The applicant’s record shows that he served in the Army for over 9 years, earned a combat Infantry badge, served in an imminenet danger pay area (combat), and was diagnosed with post traumatic stress disorder after leaving the Army.  
       
       Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  A change in the reason for discharge is not authorized under Federal statute.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 August 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: A self-authored statement, VA medical documents.








VIII.  Board Discussion, Determination, and Recommendation
Notwhitstanding the analyst's recommendation and after carefully examining the applicant’s record of service during the period of enlistment under review, 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: NA
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 AR20090021391
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