Application Receipt Date: 061006 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See attached 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: NIF Discharge Received: Date: 06/09/15 Chapter: 3 AR: 635-200 Chap 3 Reason: Court-Martial Other RE: SPD: JJD Unit/Location: Headquarters and Headquarters Troop 1st Squadron, 3rd Armored Cavalry Regiment, Fort Carson Colorado Time Lost: Total of 355 days. AWOL 236 days (021018-021021 and 021220-030813),119 days military confinement (040203-040602) Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): 040203, Special Court Martial for going AWOL X2 (20021018-20021021 and 20021220-20030813), false statement (021212), wrongfully receive stolen property value of $200 (021207). He was sentenced to reduction to E-1, forfeiture of $795.00 pay per month for five months, confinement for five months, and a Bad Conduct Discharge. Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 81/04/25 Current ENL Date: 2000/06/22 Current ENL Term: 4 Years Current ENL Service: 05 Yrs, 02Mos, 24Days Total Service: 05 Yrs, 02Mos, 24Days Includes 816 days of excess leave (040622-060915) Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92F10 Petroleum Supply Sp GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: AAM, NDSM, GWOTSM V. Post-Discharge Activity Home of Record: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 09 February 2004, the applicant was found guilty by a special court-martial of being AWOLx2 (021018-021021 and 021220-030813), providing a false sworn statement (021212), and wrongfully receiving stolen property value of $200 (021207). He was sentenced to reduction to E-1, forfeiture of $795.00 pay per month for five months, confinement for five months, and a Bad Conduct Discharge. On 23 February 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 9 February 2006, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. 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 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 available 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 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 recommends to the Board no clemency. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 071212 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 0 No change 5 - Character Change 0 No change 5 - 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 determined that the discharge was both proper and equitable and voted to deny relief. Case report reviewed and verified by: Earl Silver, 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: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 071214 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014169 Applicant Name: ______________________________________________________________________ Page 1 of 5 pages