Applicant Name:  ?????

Application Receipt Date: 2010/09/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he has been separated from the Army for 4 years, and he is ready to continue with his life in a positive direction. Having the discharge on his record makes it very hard for him to find employment. He would also like the reenlistment code changed so that he may pursue a career in the armed forces. He has matured in a great way over the years and has learned from his mistakes. He is ready to uphold the Army values and make his family, the Army and his country proud. 

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: 080201   Chapter: 3    AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: HQ & HQ Support Company, 297th Military Intelligence Battalion, Fort Gordon, GA 

Time Lost: Military Confinement from (060530-060801) for 64 days. The applicant was released to his unit.

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

Courts-Martial (Charges/Dates/Punishment): 060530, Special Court-Martial for operating a motor vehicle while drunk on (060317), operating a motor vehicle in a reckless manner on (060317), and wrongfully using marijuana between on or about (060201-060303). He was sentenced to reduction to Private (E-1), confinement for 90 days and to be discharged with a Bad Conduct Discharge.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 040226    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 9 Mos, 4 Days The computation includes 549 days of excess leave from (060802-080201).
Total Service:  		3 Yrs, 9 Mos, 4 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 63B10 Wheeled Vehicle Mech   GT: 105   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (041118-051108)
Decorations/Awards: AAM, NDSM, ICMDL, ASR, OSR

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 30 May 2006, the applicant was found guilty by a special court-martial for operating a motor vehicle while drunk on (060317), operating a motor vehicle in a reckless manner on (060317), and wrongfully using marijuana between on or about (060201-060303). He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 90 days, and reduction to E-1.  
       
       On 20 July 2006, only so much of 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 May 2007, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  
       
       On 27 September 2007, the sentence having been affirmed pursuant to Article 71c having been complied with, the sentence to a Bad Conduct Discharge was ordered to be executed.
       
       The applicant received a General Officer Memorandum of Reprimand for failing to stop for an approaching train and operating a motor vehicle while under the influence of alcohol dated 28 April 2006 (Administrative)

       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 he 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 having the discharge on his record makes it very hard for him to find employment and that he has matured in a great way over the years and has learned from his mistakes.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Additionally, the analyst found that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.
       
       
       The applicnat further contends that he would also like the reenlistment code changed so that he may pursue a career in the armed forces.  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. 
       
       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: 27 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 15 September 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 clemency is warranted based on the overall length and quality of the applicant's service.  Accordingly, the Board voted to upgrade the applicant’s characterization of service to under other than honoable conditions.  A change in the reason for discharge is not authorized under Federal statute.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: 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 AR20100024290
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