Applicant Name:  ?????

Application Receipt Date: 2010/04/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable.  He contends that he served over half the time he enlisted for; it has been seven years since his discharge and he stayed out of trouble.  He further contends that his discharge keeps him from obtaining employment.

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: 040430   Chapter: 3     AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: 555th EN Co, Fort Hood, TX 

Time Lost: AWOL for 642 days (001110-020813), surrendered; Confinement/Military Authorities (030331-030911) for 165 days.  Total time lost 807 days.

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

Courts-Martial (Charges/Dates/Punishment): 030331, SPCM, without authority, absented himself from his unit (AWOL) (001122-020814); and wrongful use of cocaine (021029); confinement for seven (7) months and a bad conduct discharge.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 000222    Current ENL Term: 03 Years  with a waiver (000124)
Current ENL Service: 	01 Yrs, 11 Mos, 12 Days ?????
Total Service:  		01 Yrs, 11 Mos, 22 Days includes 232 days of excess leave (030912-040430)
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 52C10 Utilities Equipment Repairer   GT: 107   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 March 2003, the applicant was found guilty by a special court-martial of absenting himself from his unit  AWOL (001122-020814); and wrongfully using cocaine (021029). He was sentenced to confinement for seven (7) months and a bad conduct discharge.  The applicant was credited with 76 days of confinement against the sentence to confinement.  
       
       On 19 May 2003, 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 21 October 2003, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  
       
       On 19 February 2004, 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 and the  issues submitted with application, 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.  
       
       By the misconduct (court-martial conviction), the applicant diminished the quality of his service below that meriting a fully honorable discharge.  
       
       The applicant contends that he served over half the time he enlisted for; it has been seven years since his discharged and he stayed out of trouble. The analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of service.
       
       Further, the applicant is to be commended for his effort.  However, this accomplishment does not provide the Board a basis upon which to grant relief.
       
       The applicant also contends that his discharge keeps him from obtaining employment.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       After a thorough review of the applicant’s record, the issues 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: 5 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (100311).

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 0    No change 0
(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: 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 AR20100012968
______________________________________________________________________________

Page 1 of 3 pages