Applicant Name:  ?????

Application Receipt Date: 2010/05/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "DD 214 shows that claimant has exemplary duty, including various combat badges and service ribbons.  Claimant request the board review his service records for the purpose of upgrading his discharge to general/under honorable conditions for benefit purposes."

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: 040104
Discharge Received: 			   Date: 040312   Chapter: 3       AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: A Co, 1-87th IN Coalition Task Force Warrior, Kandahar Airfield, Afghanistan 

Time Lost: 72 days. military confinement (040104-040316)

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

Courts-Martial (Charges/Dates/Punishment): 040104, with the intent to deceive falsely stating that he had no knowledge of missing money and stealing $865.65 property of Mr. HM in Afghanistan (031117); reduced to E1, five months confinement and a BCD, (SPCM). 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 030929 (as indicated on the enlistment contract in the record)    Current ENL Term: 3 Years  ?????
Current ENL Service: 	4 Yrs, 05Mos, 14Days Includes 1451 days of excess leave (040317-061205 & 061212-080312) 
Total Service:  		11 Yrs, 06Mos, 12Days Retained in the Service 1222 days for the convenience of the government
Previous Discharges: 	RA 950622-000622/HD
                                       RA 000623-030928/HD
Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: 123   EDU: HS Grad   Overseas: SWA   Combat: Afghanistan (031117-040104, exact dates unknown)
Decorations/Awards: AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR, CIB

V.  Post-Discharge Activity
City, State:  Wyoming, MN
Post Service Accomplishments: None submitted





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 4 January 2004, the applicant was found guilty by a special court-martial of stealing money or property in the amount of approximately $865.65 (031117).  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 5 months, and reduction to E-1.  
       
       On 11 December 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 19 April 2007, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  
       
       On 12 October 2007, 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 issue and documents submitted with the 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 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.  
       
       The analyst acknowledges the applicant's many in-service accomplishments indicated on the DD Form 214.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. 
       
       Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       After a thorough review of the applicant’s records 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: 26 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, letter from Veterans Service Office,.

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 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: 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 AR20100014585
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