Application Receipt Date: 060405 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: 030110 Discharge Received: Date: 040730 Chapter: 3 AR: 635-200 Reason: Court-Martial, Other RE: SPD: JJD Unit/Location: A Company 603rd ASB Hunter Army Airfield, GA 31409 Time Lost: AWOL-97 days (020730-021106) apprehended by civil authorities in Gilmore, Texas and transferred to Fort Knox, KY. Applicant was placed in Pre-Trial Confinement-62 days (021108-030109), and CMA-6 days ( 030110-030115). Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): SPCM-AWOL from his unit, with the intent to remain away permanently, did so remain absent in desertion until apprehended (020730-021106), without authority, fail to go to appointed place of duty, (020228), wrongfully had sexual intercourse with a woman not his wife, between on or about (020702-021107), willfully and voluntarily abandoned, his 5 year old legitmate daughter and 15 month old legitmate son, and subsequently left the state, between on or about (020702-021107); the applicant was reduced to the grade of Private/E1, confinement for 7 months, and to be discharged from the service with a bad-conduct discharge. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 790904 Current ENL Date: 990708 Current ENL Term: 6 Years The applicant was placed on involuntary excess leave for a total of 561 days from (030117-040730). Current ENL Service: 04 Yrs, 07 Mos, 07 Days ????? Total Service: 07 Yrs, 00Mos, 04 Days ????? Previous Discharges: USAR-970211-980610/NA ADT-980611-980817/UNC USAR-980818-990707/NA Highest Grade: E4 Performance Ratings Available: Yes No MOS: 68H10 Aircraft Pneudraulics Repr GT: 104 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: AAM, HSM, ASR, OSR, ARCOTR 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 reveals that on 10 January 2003, the applicant was found guilty by a Special Court-Martial of AWOL from his unit, with the intent to remain away permanently, did so remain absent in desertion until apprehended (020730-021106), without authority, fail to go to appointed place of duty, (020228), wrongfully had sexual intercourse with a woman not his wife, between on or about (020702-021107), willfully and voluntarily abandoned, his 5 year old legitmate daughter and 15 month old legitmate son, and subsequently left the state, between on or about (020702-021107.) He was sentenced to be discharged with a bad-conduct discharge, confinement for 7 months, and reduction to the grade of Private/E-1. The execution of that part of the sentence adjudging confinement in the excess of 3 months was suspended for 3 months at which time, unless the suspension was sooner vacated, the suspended part of sentence was remitted without further action. The accused was credited with 73 days of confinement against the sentence to confinement. On 1 August 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 21 November 2003, the United States Army Court Of Military Review affirmed the findings of guilty and the sentence as approved. On 6 May 2004, the sentence having been affirmed pursuant to Article 71© 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 careful review of all the applicant’s military records during the period of enlistment under review and the issue 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 issue he submitted, the analyst found no cause for clemency and therefore recommends to the Board that clemency is not warranted. In view of the aforementioned, the characterization of service and the reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070214 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: 070216 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005256 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages