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ARMY | DRB | CY1999 | 99032246
Original file (99032246.rtf) Auto-classification: Approved
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: BCD

2. Date of discharge (or REFRAD): 910308

3. Authority for separation:

         a. Regulation: Special Court-Martial, Order 11, 910211

          b. Reason: As a Result of Court-Martial
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            C/Ach
a. Period entered for: 3 Years
b. Entry date: 870508
c. Age: 25 Years DOB: 610808
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 85 3. Highest grade achieved:
f. Length of Service: E4
3 Year(s) 8 Month(s) 8 Day(s)

4. Performance evaluations:
NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL

         Mil conf 900416-900608

         Civil conf

         Other


6. Nonjudicial punishment:

         Date     Offense(s)
         891207 Failed to be present for an announced Class A inspection (891201)
         _________________________
          891004 Letter of reprimand – operated a vehicle when your blood alcohol
         content was .10% (890919)(administrative)
7. Court-Martial data:

         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)
                   900518 Wrongfully and willfully damage by putting sand and/or sugar
                  in the gas tank of a car, the property of SPC (900317);
                  wrongfully communicate a threat to kill SPC and threat SPC
                  (900407); break restriction (900308)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: NONE
SECTION B - Prior 

Other discharge(s):

          Service   From      To        Type Discharge
         RA 840509 870507 HD



PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

          a. The evidence of record shows that on 18 May 1990, the applicant was found guilty by a special court-martial of wrongfully and willfully damaging private property (900317); two specifications of wrongfully communicating a threat, (900407); and breaking restriction (900308). He was sentenced to be discharged with a bad conduct discharge, confinement for 90 days, and reduction to private/E-1. On 11 July 1990 the sentence was approved. The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. On 11 February 1991, the sentence having been affirmed pursuant to Article 71(c) having been complied with, the sentence was ordered to be executed.

         b. On 8 March 1991, the applicant was discharged with a bad conduct discharge, under the provisions of special court-martial, Orders 11, by reason of as a result of court-martial. He was credited with 3 years, 8 months, and 8 days active service on the enlistment under review and 6 years, 8 months and 10 days total time in service.

2. Legal/Regulatory Basis for Separation Action : 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.

SECTION B-APPLICANT’S SUBMISSIONS


 1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.
2. Exhibit(s) submitted:

         A-1: DD Form 293, dated 991005.
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor ( ) Legal Advisor



 a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
          ( X ) Records review ( ) Hearing
         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington, DC on 10 November 1999

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
         Counsel ( ) Yes ( X ) No

          e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing:

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 of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( X )   Additional issue(s) identified during review/hearing as follows:
Board Issue: (3) Clemency is warranted.

         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 number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above:

 (3) The issue is accepted. The Board carefully reviewed the applicant’s military record and post service accomplishments and found that clemency was warranted. Accordingly, the Board voted to upgrade the applicant’s characterization of service to general, under honorable conditions.

 (1) and (2) See response to paragraph 3, below.

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

Inasmuch as the Board voted to grant the full relief requested, responses to remaining issues are neither required nor rendered.
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                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to General, Under Honorable Conditions .
         ( )      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 3 2

         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: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MRS. WADE
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 15 November 1999

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

 ( X )   Change characterization of discharge to General, Under Honorable Conditions .


SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

 AR Number: 1999032246 INDEX NUMBERS: A9106
Date of Review: 991110 A0100
Character of Service: BD A9201
Date of Discharge: 910308 A9307
Authority: AR 635-200 C3
Reason: A6800
Results of Board Action/
Vote/Affirmation: GD 3-2 A






PART IX - VOTING RECORD



 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1.      Mbr      X      X       

2.      Mbr      X          X    

3.      Mbr      X      X       

4.      Mbr      X      X       

5.      PO      X          X    





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