Applicant Name: ????? Application Receipt Date: 2008/08/06 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 and attached documents submitted by the Applicant. 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: 080312 Chapter: 3 AR: 635-200 Reason: Court-Martial, Other RE: SPD: JJD Unit/Location: F Company, 795th MP BN, 14th MP BDE, Ft Leonard Wood, MO Time Lost: 95 days, Military Confinement (061116-070218) Article 15s (Charges/Dates/Punishment): 861126, sleeping at his guard post at the Main Gate (861121), oral reprimand, reduction to E2 and forfeiture of $75 for one month (CG) Courts-Martial (Charges/Dates/Punishment): 061101, Special CM, engaging in a personal relationship with a trainee and adultery (060513-060514) BCD, forfeiture of pay waived for the duration of confinement and awarded to Ms W., confinement for 4 months, reduced to E2 Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 37 Current ENL Date: 050526 Current ENL Term: Indefinite Years ????? Current ENL Service: 02 Yrs, 09Mos, 17Days includes 388 days of excess leave (070219-080312) Total Service: 21 Yrs, 03Mos, 15Days ????? Previous Discharges: USAR 841214-851021/NA RA 851022-911204/HD USAR 911205-940102/NA ARNG 940103-980702/HD (BREAK in SERVICE) USAFR 980825-990224/NA RA 990225-010226/HD RA 010227-050525/HD Highest Grade: SSG Performance Ratings Available: Yes No MOS: 31B1P2/Military Police GT: 118 EDU: Associate Degree Overseas: Hawaii, Turkey Combat: Kosovo (000528-001209), Iraq (040112-050105), Afghanistan (per affidavit from CPT Minor, Company Commander) Decorations/Awards: MSM, JSCM, ARCOMx2, AAMx4, MUC, AGCMx4 NDSM, GWOTEM, GWOTSM, KOSCM, NCOPDR, ASR, OSRx2, NATOMDL, ACM, ICM V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: Employed with Goodyear Tire and Rubber Company, since 1 May 2007. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 1 November 2006, the applicant was found guilty by a special court-martial of engaging in a personal relationship with a trainee and adultery (060513-060514). He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 4 months, and reduction to E-2. On 16 November 2006 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 7 June 2007, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. On 7 June 2007, 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 documents he submitted, 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 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. After a thorough review of the applicant’s record and the issue and documents submitted with the application, the analyst found no cause for clemency and therefore recommend to the Board to deny clemency. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 2 February 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: (Spouse) Exhibits Submitted: MFR from Current Supervisor DA Photograph Photo of Head Injury Copies of Emails from PERSCOM 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 and quality, of the applicant’s service including combat and numerous letters of recommendations. The board also noted the Presiding Trial Judge's recommendation that the Bad Conduct Discharge be suspended. Accordingly, the Board voted to 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 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: NA RE Code: Grade Restoration: No Yes Grade: ????? ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080012673 ______________________________________________________________________________ Page 1 of 3 pages