Applicant Name:  ?????

Application Receipt Date: 2010/06/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he would like to reenlist due to the lack of employment and to support his child. He was released from duty while on appellate leave without full knowledge of his separation results nor was he given a chance to appear, as well as inconsistency with entry release dates. He was released due to a misdemeaner AWOL charge after serving the minimum sentence with confinement. He sincerely regret his actions and would like the opportunity to make it up to his family, the service and above all, his country.  

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: 100318   Chapter: 3     AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: B Company, 4/3rd Brigade, Special Troops, 4th Brigade (Rear) (Provisional), 3rd Infantry Division, Fort Stewart, GA 

Time Lost: AWOL x 3 from (060921-070131) for 133 days, apprehended, AWOL from (070214-070402), for 49 days, apprehended, AWOL from (070606-080531) for 359 days, apprehended, military confinement from (081023-090113), for 83 days. Total time lost was 541 days. 

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

Courts-Martial (Charges/Dates/Punishment): 081031, Special Court-Martial for AWOL x 3 (070606-080531), AWOL (070214-070402), AWOL (060921-070131). He was sentenced to reduction to Private (E-1), confinement for 100 days and to be discharged from the service with a Bad Conduct Discharge. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 060201    Current ENL Term: 3 Years  19 weeks
Current ENL Service: 	2 Yrs, 5 Mos, 3 Days The computation includes 398 days of excess leave from (090214-100318).
Total Service:  		2 Yrs, 5 Mos, 3 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: NIF   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: NDSM, 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 31 October 2008, the applicant was found guilty by a special court-martial for AWOL x 3 from (070606-080531), AWOL (070214-070402), and AWOL (060921-070131).  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 100 days, and reduction to Private (E-1).  
       
       On 14 April 2009, 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 14 July 2009, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  
       
       On 3 December 2009, 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 and the issue 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 noted the applicant's issue  that he would like to reenlist due to the lack of employment and to support his child.  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.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       The applicant further contends that he was released from duty while on appellate leave without full knowledge of his separation results nor was he given a chance to appear, as well as inconsistency with entry release dates.  The evidence of record shows that the applicant requested voluntary excess leave, which was granted and approved.  He further stated that he knew he was pending final action on his Bad Conduct Discharge.  The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 
       
       After a thorough review of the applicant’s records and the issue 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: 23 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 19 May 2010.

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 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: 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 AR20100016331
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