Application Receipt Date: 060317 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 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: 030822 Discharge Received: Date: 040716 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKF Unit/Location: D Company, 2nd Battalion, 58th Infantry, Fort Benning, GA 31905 Time Lost: AWOL, for a total of 66 days from (030507-030507), (030514-030708), (030714-030723, (030731-030803) and confined by the military authorities for a total of 23 days from (030806-030827), as a result of his Special Court-Martial Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): 030822, Special Court-Martial-for AWOL x 4, from (030507-030508), (030514-030708), (030714-030724, (030731-030804). He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 40 days, forfeiture of $767.00 pay per month for two months, and reduction to the grade of Private E1. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 850709 Current ENL Date: 030218 Current ENL Term: 6 Years ????? Current ENL Service: 1 Yrs, 1 Mos, 26 Days The applicant was placed on excess leave for a total of 324 days from (030828-040716) Total Service: 1 Yrs, 1 Mos, 26 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: None (11X 10 Infantry Recruit) GT: 105 EDU: GED Overseas: None Combat: None Decorations/Awards: None 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: Evidence of record shows that on 22 August 2003, the applicant was found guilty by a special court-martial of AWOL x 4, (030507-030508), (030514-030708), (030714-030724), (030731-030804). He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 40 days , forfeiture of $767.00 pay per month for two months, and reduction to Private E1. On 20 October 2003, 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 24 December 2003, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. On 27 May 2004, 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 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted. 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. 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: 31 January 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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 voted to deny relief. Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None 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: 2 February 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003883 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages