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ARMY | DRB | CY1997 | 199700615
Original file (199700615.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00615
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Type of discharge (or characterization of service): BCD

2. Date of discharge (or REFRAD): 951010

3. Authority for separation:

         a. Regulation: Chapter 3, AR 635-200

          b. Reason:       Court-Martial, Other
4. Prior review(s): ( X ) NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
 ( X ) NONE
a. Period entered for: 6 Years
b. Entry date: 910813
c. Age: 31 Years DOB: 600203
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 108 3. Highest grade achieved:
f. Actual creditable service: 3 Years
9 Months 5 Days Grade
E7

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00615
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL
         Mil conf 940913-950203
         Civil conf
         Other


6. Nonjudicial punishment:

         Nature Date
         Letter of Reprimand 931116 (Administrative)
7. Court-Martial data:

SPCM for making a false official statement two (2) specifications; wrongful use
of cocaine three (3) specifications; unlawful and wrongful endeavor to impede an
 investigation (941222).
8.       Remarks: ( X ) NONE
SECTION B - Other Service Data

 1. Other discharge(s):

         Service Type
RA HD
 RA HD
RA HD





         CASE NO: AD97-00615
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
940912: Applicant was found guilty by a special court-martial of making a false
official statement, two specifications (940727 and 940721), wrongful
use of cocaine, three specifications between (930605 and 930608, 940319
and 940521 and 940525) and wrongfully and unlawfully endeavor to impede
an investigation (940627). He was sentenced to be discharged with a
bad conduct discharge, confinement for six months and reduction to
Private E1.
 941222: 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.
950214: The United States Army Court of Military Review affirmed the approved
findings of guilty and the sentence.
950811: The sentence having been affirmed pursuant to Article 71 (c) having
been complied with, the sentence was ordered to be executed.
951010: Applicant was discharged.      

2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
See attached DD Form 293.
3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 961218
B-1: DD Form 293, with one (1) enclosure as submitted by the applicant.



PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE
PART V - SUMMARY OF REVIEW HEARING


         a. Applicant testified: ( ) Yes ( X ) No

        
         b. Witness(es) testified: ( ) Yes ( X ) No
        

2. Exhibit(s) submitted at hearing: ( X ) NONE

                                    CASE NO: AD97-00615
PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:
         ( X )   Same as those listed on DD Form 293 and Part IV, Section A, Paragraph 2.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
         

b. Request: ( X ) Recharacterization ( ) Change of Reason


2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

          a. Propriety:    The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

         b. Equity:       The parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(1)&(3) The issues are rejected. Court-Martial convictions stand as adjudged or modified by appeal through the judicial process. The Army Discharge Review Board cannot retry the case. The Army Discharge Review Board is empowered only to change the discharge if it determines that clemency is in order. Clemency is an act of mercy, or instance of leniency, to moderate the severity of punishment. After a thorough review of the applicant's record and any issues submitted, the Board found no cause for clemency and voted to deny relief.

(2) The issue is rejected. The Board considered all the applicant’s prior service, as requested, including the record of promotion, conduct and efficiency, awards and decorations, and prior Honorable discharge(s). Normally, prior service is not considered in determining the type and character of separation for the period under review. The Board carefully screened the applicant’s records, and any evidence submitted by the applicant, for data which might affect any decision as to the equity of the type of discharge received. Taking into consideration all the facts available, the Board determined the applicant’s mitigation was not so meritorious as to warrant relief.

3. Response to item(s) not addressed as decisional issue(s): ( X ) NA

                            CASE NO: AD97-00615
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( )      Improper as to reason. Change reason to                         under                       .
         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( )      Inequitable as to reason. Change reason to                        
                  under                                  .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                          .

2. Voting record: Change No Change
         Reason 0 5
Characterization 0 5

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: CPCD
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-00615
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL MELCHIOR
Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
(X) NONE
SECTION B - CERTIFICATION


Approval Authority:

EL CARTIO BARNES
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SHERRY HILL SARGENT
Major, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge C - Other
B - Material submitted by applicant     
       

INDEX RECORD:

AD9700615 970423 BD 951010 AR 635-200 C3 A6800 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9200 A0100 A9447 A9203
53 58 63 68


                           CASE NO: AD97-00615
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY R. Mbr      X          X    

2. LTC PHILLIPS, JOHN S. Mbr      X          X    

3. COL ALLEN, THOMAS J. Mbr      X          X    

4. COL MELCHIOR, ROBERT J. Mbr      X          X    

5. COL MATHEWS, WILLIAM PO      X          X    



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