RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20070015059
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that he be reinstated in the military.
2. The applicant states, in effect, that he knows what he did was wrong and that he needed to be punished for what he did. However, he feels that the charges against him and the punishment were too severe and have caused him huge financial and family problems. While incarcerated, he learned his lesson and turned his life around.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) with the ending period 17 August 2007; U.S. Army Reserve Command Orders 03-289-00056, dated 16 October 2003; a U.S. Army Court of Criminal Appeals brief; two DD Forms 458 (Charge Sheets), with dates of
9 June 2005 and 24 August 2005; Headquarters, Combined/Joint Task Force (CJTF)-76 Orders, dated 18 November 2005; an undated CJTF-76 memorandum Subject: Post-Trial Request for Discharge in Lieu of Trial by Court-Martial; a U.S. Army Legal Services Agency memorandum, dated 6 January 2007; a letter of support from his spouse, dated 25 July 2005; three photographs of the applicant and his family; a Set Free Prison Ministries certificate of completion, dated
1 August 2006; a certificate from the Oklahoma Baptist University, Dean's Honor Roll for Part-Time Students, dated September 2006; Headquarters, U.S. Army Field Artillery Center and Fort Sill General Court-Martial Order Number 154, dated 21 June 2007; and Headquarters, 81st Regional Readiness Command Orders 07-213-00014, dated 1 August 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 11 July 2003. He successfully completed basic training and advanced individual training and was awarded military occupational specialty 21K (Plumber).
2. On 14 January 2005, the applicant was ordered to active duty in support of Operation Enduring Freedom and deployed to Afghanistan.
3. On 28 August 2005, the applicant was convicted, in accordance with his pleas, by a general court-martial of wrongful possession of hashish, wrongful use of hashish, wrongful distribution of hashish, and placing a rock in his urine sample. His sentence consisted of confinement for 2 years and a bad conduct discharge (forfeiture of pay and allowances was deferred).
4. On 25 January 2007, the U.S. Army Court of Criminal Appeals (USACCA) considered the applicant's appeal and found that the findings and sentence were correct in law and fact and affirmed the findings and sentence.
5. On 18 April 2007, the United States Court of Appeals for the Armed Forces (USCAAF) denied the applicant's petition for review.
6. Headquarters, U.S. Army Field Artillery Center and Fort Sill General Court-Martial Order Number 154, dated 21 June 2007, directed that the bad conduct discharge be executed.
7. Headquarters, 81st Regional Readiness Command Orders 07-213-00014, dated 1 August 2007, shows that the applicant was discharged from the USAR on 1 August 2007 with a general under honorable conditions discharge. However, this order was revoked by Headquarters, 81st Regional Readiness Command Orders 08-066-00014, dated 6 March 2008.
8. On 17 August 2007, the applicant was discharged from the Army with a bad conduct discharge under the provisions of chapter 3 of Army Regulation 635-200 (Personnel Separations), by reason of court-martial.
9. The applicant's DD Form 214 with the period ending 17 August 2007 erroneously shows in item 12a (Date Entered Active Duty) the entry
"2003 year(s)" "08 month(s)" "07 day(s)." Item 12c (Net Active Service this Period) erroneously shows the entry "0003 year(s)" "02 month(s)" "22 day(s)." However, since the applicant did not request that these items be corrected, no action will be taken at this time.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that the applicant's trial by court-martial was warranted by the gravity of the offenses for which he was charged. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which he was convicted.
2. The applicant's entire record of service was considered in this case. However, given the seriousness of the offenses for which he was convicted, it is determined that these factors are not sufficiently meritorious or mitigating to warrant the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__PHM _ __JGH __ ___KSJ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___ PHM _
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070015059
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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