Applicant Name:  ?????

Application Receipt Date: 080722	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 submitted by the applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NA
Discharge Received: 			   Date: 080327   Chapter: 3       AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: HHC, 1st Squadron, 4th U.S. Cavalry Reg., 1st Infantry Div, APO 

Time Lost: Military confinment  (06010-060725) 195 days.

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 060109, SPCM, with intent to deceive, made false official statement (050602), wrongfully use marihuana x2  between 050731-050831 & 050612-050712, unlawfully strike another soldier  multiple times with a closed fist (050529).  Reduced to E1, forfeit $849.00 for 8 months, to be confined for 8 months, and discharge with a bad-conduct discharge. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020130    Current ENL Term: 3 Years  ?????
Current ENL Service: 	05 Yrs, 07Mos, 12Days (excess leave for 259 days (070713-080327)
Total Service:  		05 Yrs, 07Mos, 12Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92Y Unit Supply Spec   GT: 87   EDU: HS Grad   Overseas: Germany   Combat: Iraq (040206-050225)
Decorations/Awards: AGCM, GWOTSM, OSR.

V.  Post-Discharge Activity
City, State:  Columbus, GA
Post Service Accomplishments: Not Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 January 2006, the applicant was found guilty by a special court-martial of wrongfully use marihuana x2 (050529 & 050731), made false official statement (050602), and unlawfully strike another soldier multiple times with a closed fist (050529) He was sentened to a Bad Conduct Discharge, confinement for 240 days, and reduction to E-1.  On 23 June  2006, 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 25 July 2006, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 4 February 2006, 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 military records, and the issue he submitted, 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 indicates 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.   Furthermore, the analyst noted the applicant's issue; however, the record does not support the applicant’s contention that he suffers from Post Traumatic Stress symptoms’ and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.   After a thorough review of the applicant’s record and the issue he submitted, the analyst found no cause for clemency and therefore recommend to the Board no clemency.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 17 September 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 1    No change 4
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
Issue a new DD Form 214  					         Colonel, U.S. Army
Change Characterization to: 			         President, Army Discharge Review Board 
Change Reason to:  
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011533
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