Application Receipt Date: 060413 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting 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: 960314 Discharge Received: Date: 970822 Chapter: 3 AR: 635-200 Reason: Court-Martial, Other RE: SPD: JJD Unit/Location: 529th Ordnance Company, APO Army Europe Time Lost: Confined by military authorities for a total of 80 days from (960314-960531), as a result of his Special Court-Martial 960314-960531 Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): 960314/ Special Court-Martial-for assault on another Soldier on or about (951223), and assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm on another Soldier on or about (951223). He was sentenced to be discharged with a Bad Conduct Discharge, forfeiture of $580.00 pay per month for four months, confinement for a period of four months, and reduction to E1. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 710906 Current ENL Date: 940422 Current ENL Term: 03 Years (Retained in service 44 days for the convenience of the government) Current ENL Service: 03 Yrs, 04Mos, 01Days The applicant was placed on excess leave for a total of 410 days from (960709-970822) Total Service: 07 Yrs, 09Mos, 17Days ????? Previous Discharges: RA-890817-940421/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 62E10 (Heavy Construction Equipment Operator) GT: 95 EDU: HS Grad Overseas: Germany, Southwest Asia Combat: Kuwait (901218-910420) Decorations/Awards: AAM (2nd Award), AGCM, NDSM, SWASM (with 3 bronze service stars), NCOPDR (1), ASR, KLM (SA), KLM (KU). 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 14 March 1996, the applicant was found guilty by a special court-martial of assault on another Soldier on or about (951223), and assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm on another Soldier on or about (951223). He was sentenced to be discharged with a Bad Conduct Discharge, forfeiture of $500.00 pay per month for four months, confinement for four months, and reduction to E1. On 23 April 1996, the sentence was approved with the exception of the bad-conduct discharge. 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 1997, the sentence having been affirmed pursuant to Article 71c having been complied with, the bad-conduct discharge 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 a careful review of all the applicant’s military records, and the issue he submitted, the analyst found no mitigating factors that would warrant clemency. 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 Army Discharge Review 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, the analyst found no cause to recommend clemency and therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 17 April 2007 Location: Chicago, IL Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: None 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, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is now inequitable. The Board found that the length and quality of the applicant’s service to include his combat service, and the time that has elasped since his discharge, mitigated the discrediting entries in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. A change in the reason for discharge is not authorized under Federal Statute. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 8 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005372 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages