Application Receipt Date: 060109 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: 031114 Discharge Received: Date: 041217 Chapter: 3 AR: 635-200 Reason: Court-Martial RE: SPD: JJD Unit/Location: 516th Maintenance Company 3/43 ADA Fort Bliss, TX 79916 Time Lost: AWOL-486 days (020423-030901) apprehended by civil authorities and transferred to Fort Knox. The applicant was confined by military authorities for a total of 194 days (031114-040527), as a result of his special court-martial. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): 031114-SPCM, desertion between on or about 23 April 2002 and on or about 1 September 2003. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 780703 Current ENL Date: 991103 Current ENL Term: 4 Years ????? Current ENL Service: 5 Yrs, 01Mos, 15Days ????? Total Service: 5 Yrs, 09 Mos, 09 Days Item 12c, net active service this period on the DD Form 214 is incorrect, should read 5 years 9 months 9 days, also item 29, time lost (AWOL) is incorrect should read (020423-030831.) Previous Discharges: RA 970417-991102/HD Highest Grade: E3 Performance Ratings Available: Yes No MOS: 92G10 Food Service Spec GT: 103 EDU: HS Transcript Overseas: Germany Combat: None Decorations/Awards: AAM, NDSM, ASR, OSR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant states he is working full-time for Georgia Pacific, a volunteer for Lea's Ridge Community Development Association. He concludes he is an active member of the Free & Accepted Masons. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record reveals that on 14 November 2003, the applicant was found guilty by a Special Court-Martial of desertion. He was sentenced to be discharged with a bad-conduct discharge, confinement for period of nine months, forfeit $767.00 pay per month for 9 months and reduction to the grade of Private/E-1. On 14 May 2004, 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 25 June 2004, the United States Army Court Of Military Review affirmed the findings of guilty and the sentence as approved. On 15 October 2004, the sentence having been affirmed pursuant to Article 71© having been complied with, the sentence was ordered to be executed. The applicant was placed on involuntary excess leave for a total of 205 days from (040527-041217.) 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 careful review of all the applicant’s military records during the period of enlistment under review and the independent evidence he submitted, the evidence of record clearly shows that the applicant was adjudged guilty by 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 Board is empowered to change 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 issues he submitted, the analyst found no cause for clemency and therefore recommends to the Board that clemency is not warranted. Therefore, the characterization of service and the narrative reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 061108 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 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. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 061113 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060000696 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages