Applicant Name: ????? Application Receipt Date: 2009/11/24 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states that he was pending a court-martial, was distraught about family poblems he was having, and went AWOL to help his family. He believs that his post traumatic stress disorder (PTSD) and traumatic brain injury (TBI) combined with his addictive tendencies caused him to do things that otherwise he would not have done. He is seeking veterans' benefits but the VA has rejected his claim. He requests an upgrade of his discharge to general, under honorable conditions to be able to get some VA benefits. 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: 050502 Discharge Received: Date: 080919 Chapter: 3 AR: 635-200 Reason: Court-Martial, Other RE: SPD: JJD Unit/Location: B Co, 4-31 IN Rgt, Fort Drum, NY Time Lost: 374 days total. AWOL for 202 days (050127-050816), apprehended; second AWOL for 65 days (051109-060112), apprehended; military confinement for 107 days (060112-060428). Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): 061020, Special Court Martial (SPCM) for being AWOL on two occasions (050127-050816 and 051109-060112), confinement for 5 months, forfeiture of $785 for 5 months, and a bad conduct discharge. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: 980403 Current ENL Term: NIF Years No enlistement contract posted in the OMPF Current ENL Service: 09 Yrs, 05Mos, 08Days ????? Total Service: 10 Yrs, 02Mos, 06Days ????? Previous Discharges: IADT 970507-970815/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11B10/Infantryman GT: 107 EDU: HS Grad Overseas: None Combat: Served in an imminent danger pay area (030410-031001) Decorations/Awards: NDSM, ASR, CIB V. Post-Discharge Activity City, State: Phoenix, NY Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 20 October 2006, the applicant was found guilty by a special court-martial of being absent without leave on two occasions (050127-050816 and 051109-060112). He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 5 months, and forfeiture of $785 for 5 months. The sentence was approved except for the portion which referred to the bad conduct discharge. The record of trial was forwarded to The Judge Advocate General of The Army for review by the Court of Military Review. On 28 December 2007, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. The sentence having been affirmed pursuant to Article 71c having been complied with, 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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issue and documents submitted with the application, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to general, under honorable conditions. 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 court-martial and that the convening authority approved the sentence. Court-martial convictions stand as adjudged or modified by appeal through the judicial process. The Army Discharge Review Board is empowered to change the characterization of 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 carefully reviewed the applicant’s military record and post service accomplishments and found that clemency was warranted. The applicant’s record shows that he served in the Army for over 9 years, earned a combat Infantry badge, served in an imminenet danger pay area (combat), and was diagnosed with post traumatic stress disorder after leaving the Army. Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions. A change in the reason for discharge is not authorized under Federal statute. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 18 August 2010 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: A self-authored statement, VA medical documents. VIII. Board Discussion, Determination, and Recommendation Notwhitstanding the analyst's recommendation and after carefully examining the applicant’s record of service during the period of enlistment under review, the Board found no cause for clemency and therefore 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: NA 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 AR20090021391 ______________________________________________________________________________ Page 1 of 3 pages