Application Receipt Date: 2006/10/13 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the Applicant. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: Discharge Received: Date: 050121 Chapter: 3 AR: 635-200 Reason: Court Martial, Other RE: SPD: JJD Unit/Location: 65th Military Police Company, Fort Bragg, NC 28310 Time Lost: 225 days total; AWOL 118 days (040115-040512), military confinement, 107 days, (030930-040114) Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): 040114, Special Court Martial for leaving his place of duty (030929), fleeing apprehension (030929), wrongful use of marijuana (030825-030925), theft of a motor vehicle by force (030929), and assault on a specialist (030929). Bad Conduct Discharge, confinement for 12 months, reduction to E-1. Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 810209 Current ENL Date: 020418 Current ENL Term: 5 Years Current ENL Service: 02 Yrs, 01Mos, 18Days Total Service: 02 Yrs, 01Mos, 18Days Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 11B10/Infantryman GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR 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: The evidence of record shows that on 14 January 2004, the applicant was found guilty by a special court-martial for leaving his place of duty (030929), fleeing apprehension (030929), wrongful use of marijuana (030825-030925), theft of a motor vehicle by force (030929), and assault on a specialist (030929). He was sentenced to be discharged with a Bad Conduct Discharge (BCD), confinement for 12 months, and reduction to E-1. On 14 April 2004, the General Court Martial Convening Authority directed that only the sentence as provided for a Bad Conduct Discharge, confinement for 9 months, and reduction to the grade of E-1 is approved and, except for the part of the sentence extending to a BCD, will be executed. The accused was to be credited with 107 days of confinement against the sentence to confinement. The record of trial was forwarded to The Judge Advocate General of The Army for review by the Court of Military Review. On 29 October 2004, DA, HQ USA Armor Center, Fort Knox, KY, Special Court Martial Orders 212, indicated that the United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. On 29 October 2004, the sentence having been affirmed pursuant to Article 71c having been complied with, the sentence was ordered to be executed. The applicant was discharged from the Army with a Bad Conduct Discharge on 21 January 2005. 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, 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. The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Additionally, eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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: 14 December 2007 Location: Washington, D.C. 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: Alejandro Champin, 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: CHRISTINE U. MARTINSON DATE: 14 December 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014551 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 5 pages