Applicant Name:  ?????

Application Receipt Date: 2012/01/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he completed two enlistment periods and two overseas tours which included service in Kosovo and Bosnia.  He requests an upgrade of his discharge to general under honorable conditions.

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: 020913   Chapter: 3, Section IV    AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: HHC, 12th AV Bde, Wiesbaden, Germany 

Time Lost: Military confinement for 55 days (000919-001112).

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

Courts-Martial (Charges/Dates/Punishment): 000919, without authority left his place of duty (000505), failed to report (000505), disobeyed a lawful order from a commissioned officer (000904), with intent to deceive provided a false statement (000425).  Punishment consisted of confinement for two months, reduction to E-1 and a bad conduct discharge (SPCM).

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 970717    Current ENL Term: 3 Years  7 months (Extended for convenience of the government)
Current ENL Service: 	05 Yrs, 00 Mos, 00 Days Includes 572 days of excess leave (010219-020913)
Total Service:  		09 Yrs, 07 Mos, 25 Days ?????
Previous Discharges: 	RA 921124-950418/HD
                                       RA 950419-970716/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92Y10/Unit Supply Spc   GT: NIF   EDU: HS Grad   Overseas: Bosnia, Kosovo   Combat: None
Decorations/Awards: JSAM, NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 September 2000, the applicant was found guilty by a special court-martial of leaving his place of duty without authority (000505), failing to report to his designated place of duty (000505), disobeying a lawful order from a commissioned officer (000424), and with providing a false statement with intent to deceive (000425).  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for two months and reduction to E-1.  
       
       On 10 January 2001, 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 and on 7 June 2002, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  
       
       The sentence having been affirmed and complied with pursuant to Article 71c, the bad conduct discharge 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.  Because relevant and material facts stated in a court-martial specification are presumed by the ADRB to be established facts, issues relating to the applicant’s innocence of charges for which he was found guilty cannot form a basis for relief.  With respect to a discharge adjudged by a special court-martial, the action of the ADRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  The ADRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, the issue and the 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 in service accomplishments which included service in Bosnia and Kosovo as stated in his application.  However, the analyst did not find the said issue sufficiently mitigating to warrant clemency. 
       
       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: 7 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None





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 characterization of service was too harsh and clemency is warranted based on the overall length (over 9 years of service) and quality  of the applicant’s service (two prior honorable discharges and a Joint Service Achievement Medal), and his combat service (Bosnia and Kosovo).  Accordingly, the Board voted to grant clemency and upgrade the applicant’s characterization of service to general, under honorable conditions.  A change in the reason for discharge is not authorized under Federal statute.  
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change NA    No change NA
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder











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 AR20120001759
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