Applicant Name: ?????
Application Receipt Date: 2011/02/03 Prior Review: Prior Review Date: 080222/Upgraded-GD
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, "I'm requesting an Honorable Discharge because I am a full-time student, Under a General Discharge you cannot receive my GI benefits, have been attending school since 2009. I am a productive citizen trying to reinvent myself for future endeavors".
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: NIF
Discharge Received: Date: 020523 (characterization upgraded) Chapter: 3 AR: 635-200
Reason: Court-Martial RE: SPD: JJD Unit/Location: HHC, 1-82th AV BDE, Ft Bragg, NC
Time Lost: Military confinement 110 days (980114-980503)
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): 980504, failure to report x2 (970908 & 970917) and AWOL (980202); reduced to E1, confinement for 110 days and a BCD (SPCM).
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 26
Current ENL Date: 961030 Current ENL Term: 4 Years ?????
Current ENL Service: 5 Yrs, 03Mos, 04Days Retained in service 492 days for the convenience of the govt.
Total Service: 5 Yrs, 03Mos, 04Days ?????
Previous Discharges: None
Highest Grade: E2 Performance Ratings Available: Yes No
MOS: 93P10 Aviation Ops Spec GT: 102 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Dallas, TX
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 May 1998, the applicant was found guilty by a special court-martial of for failure to report x2 (970908 & 970917), and AWOL (980202). He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 110 days, and reduction to E-1.
On 23 May 1998, 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 17 November 2000, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.
On 14 February 2001, the sentence having been affirmed pursuant to Article 71c having been complied with, the sentence was ordered to be executed.
On 22 February 2008, the Army Discharge Review Board granted relief in the form of an upgrade of the applicant's characterization of his service to general, under honorable conditions.
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 applicants military records, 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.
Further, eligibility for veteran's benefits to include educational benefits under the 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 applicants 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: Dallas, TX
Did the Applicant Testify? Yes No
Counsel: [ redacted ]
Witnesses/Observers: None
Exhibits Submitted: DD Form 214, Letter from [ redacted ] Church
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 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: No Change
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 AR20110001983
______________________________________________________________________________
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