Application Receipt Date: 070618	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See applicant's DD Form 293 and attached documents.

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: 040604   
Chapter: 3    AR: 635-200
Reason: Court-Martial, Other
RE:     SPD: JJD
Unit/Location: C Company, 4th Forward Support Battalion, 4th Infantry Division, Fort Hood, TX 76544 

Time Lost: AWOL-2 days from (01101250011026), mode of return to military control not in the file.  The applicant was confined by the military authorities for 53 days from (020602-020724), as a result of her special court-martial sentence.  The applicant had a total of 55 days lost time.

Article 15s (Charges/Dates/Punishment): 010829-Wrongfully used marijuana, on or about (010624 and 010724), (Field Grade).

Court-Martials (Charges/Dates/Punishment): Special Court-Martial/020602-AWOL from 25 October 2001 until 26 October 2001; wrongfully possess a certain amount of cocaine, 2 December 2001; wrongfully possess a certain amount of cocaine, 2 December 2001; wrongfully used marijuana, on or between 23 December 2001 and 23 January 2002; wrongfully used cocaine, on or between 15 January 2002 and 23 January 2002; steal a gortex jacket, of some value, the property of another Soldier, 27 November 2001; wrongfully communicate a threat, by threatening to injure a 1LT by  beating the shit out of her when seen alone, 28 November 2001. The applicant was sentenced to be reduced to Private/E1, to forfeit $200.00 per month for 60 days, to be confined for 60 days, and be discharged from the service with a bad conduct discharge.   

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:    
Current ENL Date: 980611    Current ENL Term: 4 Years  ?????
Current ENL Service: 05  Yrs, 10 Mos, 01Days ?????
Total Service:  10 Yrs, 00Mos, 23Days Item 12c on the DD Form 214, net active service this period is incorrect, should read 10Yrs, 00Mos, 23 Days.  The period of confinement dates are incorrect, should read (020602-020724).
Previous Discharges: RA-940316-970717/HD
                                      RA-970418-980610/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 103   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: AGCM, NDSM, ASR, OSR 
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant submitted documentation which shows she was enrolled in the Army Substance Abuse Program as of 1 November 2004.  The applicant claims she has been clean for almost three years.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 6 June 2002, the applicant was found guilty by a Special Court-Martial of, AWOL from 25 October 2001 until 26 October 2001; wrongfully possess a certain amount of cocaine, 2 December 2001; wrongfully possess a certain amount of marijuana, 2 December 2001; wrongfully used marijuana, on or between 23 December 2001 and 23 January 2002; wrongfully used cocaine, on or between 15 January 2002 and 23 January 2002; steal a gortex jacket, of some value, the property of another, 27 November 2001; wrongfully communicate a threat by threatening to injure a 1LT by  beating the shit out of her when seen alone, 28 November 2001.  The applicant was sentenced to reduction to Private/E1, forfeiture of $200.00 per month for 60 days, confinement for 60 days, and a bad conduct discharge.  On 15 October 2002, 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 16 September 2003, the United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 2 March 2004, the sentence having been affirmed pursuant to Article 71© having been complied with, the sentence was ordered to be executed. 
      
      The applicant was placed on excess leave for 681 days, from 25 July 2002-4 June 2004.
      
      The applicant has a CID Report (Initial), dated 2 December 2001, in her Official Military Personnel File.
      
      A Bar to Reenlistment was approved on the applicant on 19 December 2000. 

      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 careful review of all the applicant’s military records during the period of enlistment under review, the issue and documents she submitted, the evidence of record clearly shows that the applicant was adjudged guilty by 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 Board is empowered to change 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 that clemency is not warranted.  Therefore, the characterization of service and the reason for discharge were both proper and equitable.
      
VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 	Date: 14 November 2007 Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: ?????

Witnesses/Observers: ????? 

Exhibits Submitted: ?????

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, hearing her testimony, and considering the analyst’s recommendation and rationale, the Board found no cause for clemency and therefore voted to deny relief.

Case report reviewed and verified by: , Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
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: ?????
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE