Application Receipt Date: 061129 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: Mental problems and job problems, post traumatic stress disorder II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 041013 Discharge Received: Date: 060526 Chapter: 3 AR: 635-200 Reason: Court-Martial, Other RE: SPD: JJD Unit/Location: B Co, 121st Signal BN (Forward), FOB Warhorse, Iraq Time Lost: Absent without leave for 92 days (040603-040831). Specifics of his apprehension or surrender are not in the file. He was arraigned at a Special Court Martial in Tikrit, Iraq. Sentenced to confinement by Special Court Martial (041013) for 151 days (041013-050312). Total Lost Time is 243 days. Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): 041013/ AWOL (040603-040831) to wit: B Co, 121st Signal BN (Forward), FOB Warhorse, Iraq. BCD, reduction to E1, confinement for 178 days. Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 810522 Current ENL Date: 011003 Current ENL Term: 4 Years Current ENL Service: 03 Yrs, 11 Mos, 26Days Total Service: 04 Yrs, 07 Mos, 24 Days Includes 439 days of excess leave (050314-060526). Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 31R10 Multi-Channel Transmission Systems Operator GT: NIF EDU: NIF Overseas: Germany Combat: DD214 blk 18 indicates the applicant was in Iraq from February 2004 (exact date of arrival is not stated) to 15 April 2004. The records also indicate the applicant was AWOL while in Iraq and was arraigned in Tikrit, Iraq on 13 October 2004. Decorations/Awards: ASR / NDSM V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 13 October 2004, the applicant was found guilty by a special court-martial of absenting himself from his unit (040603-040831) to wit: B Co, 121st Signal BN (Forward), FOB Warhorse, Iraq. He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 178 days, and reduction to E1. On 6 December 2004, the sentence was approved and executed, except for that part of the sentence extending to a bad conduct discharge. On 30 June 2005, the sentence having been affirmed pursuant to Article 71c having been complied with, the sentence was ordered to be executed and the applicant was discharged with a bad conduct disharge. 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 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 clearly shows that 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. Furthermore, the record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition. After a thorough review of the applicant's record and the issue he submitted, the analyst found no cause for clemency and therefore recommend to the Board no clemency. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: Location: Washington D.C. Did the Applicant Testify? Yes No Counsel: Witnesses/Observers: Exhibits Submitted: VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change - Character Change No change - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation Case report reviewed and verified by: Edgar Yanger , Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Other: RE Code: Grade Restoration: No Yes Grade: XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060016554 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 4 pages