Applicant Name: ????? Application Receipt Date: 2010/07/07 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that it was an isolated incident within a 6 month period, after he was injured every thing went down hill. 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: 090327 Chapter: 3 AR: 635-200 Reason: Court-Martial, Other RE: SPD: JJD Unit/Location: 2nd Brigade Combat Team (Rear) (Provisional), 10th Mountain Division (Light Infantry), Fort Drum, NY Time Lost: AWOL x 2 from (060926-061026) for 31 days, and AWOL from (061108-070307) for 119 days, and mode of return is unknown for both periods of AWOL. Also, military confinement from (070427-071013) for 170 days. Total time lost 320 days. Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): 070613, AWOL x 2 from (061108-070307), and (060926-061025), on divers occasions failed to go to his appointed place of duty between (060621-060625), wrongfully used cocaine between (060904-060907), disrespectful in language towards SFC, a noncommissioned officer on (060808). He was sentenced to reduction to Private (E-1), confinement for 7 months, and discharged from the service with a Bad Conduct Discharge. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 20 Current ENL Date: 050818 Current ENL Term: 3 Years 17 weeks/The applicant required a medical waiver at the time of enlistment, which was approved on (050809) Current ENL Service: 2 Yrs, 10 Mos, 3 Days The net active service this period on the DD Form 214 block 12c is incorrect; should be as annotated above. The computation also includes 531 days of excess leave from (071014-090327) Total Service: 2 Yrs, 10 Mos, 3 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: None GT: 89 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the appplicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 13 June 2007, the applicant was found guilty by a special court-martial of AWOL x 2 from (061108-070307), and (060926-061025), on divers occasions failed to go to his appointed place of duty between (060621-060625), wrongfully used cocaine between (060904-060907), and disrespectful in language towards SFC, a noncommissioned officer on (060808). He was sentenced to reduction to Private (E-1), confinement for 7 months, and to be discharged from the service with a Bad Conduct Discharge. On 26 October 2007, 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 21 April 2008, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. On 18 September 2008, 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 noted the applicant's issue that it was an isolated incident within a 6 month period, after he was injured every thing went down hill. Even though the applicant claims that his offense was an isolated one, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct, expected of soldiers in the Army. Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable or general discharge. 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: 25 March 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 2 March 2010, two character reference letters with various dates, and a DD Form 214 for the period of service ending 27 March 2009. 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 NA No change NA (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: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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 AR20100018464 ______________________________________________________________________________ Page 2 of 3 pages