Applicant Name: ????? Application Receipt Date: 2010/04/15 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he would like an upgrade of his discharge to be able to apply for medical and monetary benefits from the Veterans Administration. 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: 000828 Chapter: 3 AR: 635-200 Reason: Court Martial, Other RE: SPD: JJD Unit/Location: C Btry, 1-377 FA Rgt, Fort Campbell, KY Time Lost: 70 days, military confinement (980609-989817). Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): 980609, the charges are not in the record. Punishment consisted of reduction to E-1, confinement for 120 days, forfeiture of $617 for four months, and a bad conduct discharge (SPCM). Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 950818 Current ENL Term: 3 Years Retained 642 days, Convenience of the Government Current ENL Service: 04 Yrs, 10Mos, 01Days Includes 712 days of excess leave (980917-000828) Total Service: 04 Yrs, 10Mos, 01Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 13F10/Fire Spt Spc GT: 87 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: AAM, NDSM, ASR V. Post-Discharge Activity City, State: St. Stephens, SC Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 9 June 1998, the applicant was found guilty by a special court-martial (SPCM) and was sentenced to forfeiture of $617 for four months, confinement for 120 days, reduction to E-1 and a bad conduct discharge (BCD). The specific charges of which he was convicted are not contained in the available record. The sentence was approved and ordered to be executed, except the part referring to the BCD. The record of trial was forwarded to the Judge Advocate General of the Army for review by the Court of Military Review. On 12 May 2000, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. On 12 May 2000, the sentence having been affirmed pursuant to Article 71c having been complied with, the sentence was ordered to be executed. The applicant was discharged from the Army effective 28 August 2000 with a bad conduct discharge. 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 issue and 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. Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the specific charges or his court-martial conviction. If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration. The applicant contends that he would like an upgrade to be able to use the Veterans benefits, specifically medical and monetary benefits. However, eligibility for veteran's benefits 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 applicant’s records and the issue and documents 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: 26 January 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 149 and court-martial order. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, 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 AR20100013360 ______________________________________________________________________________ Page 1 of 3 pages