Applicant Name: ????? Application Receipt Date: 2010/05/07 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "DD 214 shows that claimant has exemplary duty, including various combat badges and service ribbons. Claimant request the board review his service records for the purpose of upgrading his discharge to general/under honorable conditions for benefit purposes." 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: 040104 Discharge Received: Date: 040312 Chapter: 3 AR: 635-200 Reason: Court-Martial, Other RE: SPD: JJD Unit/Location: A Co, 1-87th IN Coalition Task Force Warrior, Kandahar Airfield, Afghanistan Time Lost: 72 days. military confinement (040104-040316) Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): 040104, with the intent to deceive falsely stating that he had no knowledge of missing money and stealing $865.65 property of Mr. HM in Afghanistan (031117); reduced to E1, five months confinement and a BCD, (SPCM). Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 26 Current ENL Date: 030929 (as indicated on the enlistment contract in the record) Current ENL Term: 3 Years ????? Current ENL Service: 4 Yrs, 05Mos, 14Days Includes 1451 days of excess leave (040317-061205 & 061212-080312) Total Service: 11 Yrs, 06Mos, 12Days Retained in the Service 1222 days for the convenience of the government Previous Discharges: RA 950622-000622/HD RA 000623-030928/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 11B1P Infantryman GT: 123 EDU: HS Grad Overseas: SWA Combat: Afghanistan (031117-040104, exact dates unknown) Decorations/Awards: AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR, CIB V. Post-Discharge Activity City, State: Wyoming, MN Post Service Accomplishments: None submitted VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 4 January 2004, the applicant was found guilty by a special court-martial of stealing money or property in the amount of approximately $865.65 (031117). He was sentenced to be discharged with a Bad Conduct Discharge, confinement for 5 months, and reduction to E-1. On 11 December 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 19 April 2007, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. On 12 October 2007, 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, the issue and documents submitted with the application, 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 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 acknowledges the applicant's many in-service accomplishments indicated on the DD Form 214. However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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 records and the issue and documents submitted with the application, the analyst found no cause for clemency and therefore recommends to the Board to deny clemency. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 26 January 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 214, letter from Veterans Service Office,. 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 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100014585 ______________________________________________________________________________ Page 1 of 3 pages