Application Receipt Date: 060412 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: 990217 Discharge Received: Date: 020708 Chapter: 3 AR: 635-200 Reason: Court-Martial, Other RE: SPD: JJD Unit/Location: 40 th Transportation Company 44th CSB Fort Lewis, WA 98433-9500 Time Lost: CMA-58 days (990217-990415) as a result of Special Court-Martial sentence. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): SPCM-wrongfully and unlawfully made a false official statement under lawful oath, (980916), wrongfully and bigamously married a woman, having at the time a lawful wife, (980323), wrongfully committed adultery, between on or about (970201) and (980901), wrongfully have sexual intercourse with a woman not his wife, between on or about (970401) and (980601), wrongfully have sexual intercourse with a woman not his wife, between on or about (970801) and (971001), knowingly fraternized with an enlisted person, on terms of military equality, between (970401) and (980601,and knowingly fraternized with an enlisted person, on terms of military equality, between (970801) and (971001). Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 690910 Current ENL Date: 970828 Current ENL Term: 3 Years ????? Current ENL Service: 12 Yrs, 10 Mos, 13 Days ????? Total Service: 12 Yrs, 10 Mos, 13 Days ????? Previous Discharges: RA-890627-920102/HD RA-920103-940525/HD RA-940526-070827/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 88M10 Motor Transport Op GT: 89 EDU: HS Grad Overseas: Germany Combat: None Decorations/Awards: AAM, AGCM (2), NDSM, ASR, OSR 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 17 February 1999, the applicant was found guilty by a Special Court-Martial of wrongfully and unlawfully making a false official statement under lawful oath, (980916), wrongfully and bigamously married a woman, having at the time a lawful wife, (980323), wrongfully committed adultery, between on or about (970201) and (980901), wrongfully have sexual intercourse with a woman not his wife, between on or about (970401) and (980601), wrongfully have sexual intercourse with a woman not his wife, between on or about (970801) and (971001), knowingly fraternized with an enlisted person, on terms of military equality, between (970401) and (980601,and knowingly fraternized with an enlisted person, on terms of military equality, between (970801) and (971001). He was sentenced to reduction to the grade of Private/E-1, forfeiture of $600.00 pay per month for 4 months, confinement for 75 days, and a bad-conduct discharge. On 3 June1999, 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 23 May 2002, 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 1,170 days from (990426-020708). 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. 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: 070209 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: 070209 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005353 Applicant Name: Mr. ______________________________________________________________________ Page 3 of 5 pages