Search Decisions

Decision Text

ARMY | DRB | CY2003 | 2003087592
Original file (2003087592.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

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

1. Character of Discharge: Bad Conduct

2. Date of discharge (or REFRAD): 010711

3. Authority for separation:

         a. Regulation: Chapter 3, AR 635-200

          b. Reason: Court-Martial, Other
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ARCOM(2d Awd) KLM (SA)
a. Period entered for: 6 Years AAM(9 th Awd) ASR
b. Entry date: 970613 GCDMDL(2d Awd) OSR(2d Awd)
c. Age: 36 Years DOB: 600810 NDSM
d. Educational level: HS Grad NCOPDR
e. Aptitude area score: SWAMDLw/1BSS
          GT: 113 3. Highest grade achieved:
f. Length of Service: E5
4 Year(s) 0 Month(s) 28 Day(s)

4. Performance evaluations:
See OMPF

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

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL

         Mil conf 990825-991201 ;

         Civil conf

         Other


6. Nonjudicial punishment: NONE
         Date     Offense(s)
        


7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: The official record contains a Bar to Reenlistment dated
990622.
SECTION B - Prior Service Data
NONE

Other discharge(s):

          Service   From      To        Type Discharge
         RA       911106 950315    HD
          RA                950316 970612             HD


PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 25 August 1999, the applicant was found guilty by a Special Court-Martial of wrongfully using cocaine between (990513-990518) and stealing M21 simulators between (980901-990617). His sentence included: confinement for 4 months; reduction to E1; forfeiture of $600 pay per months for six months; and a Bad Conduct Discharge (BCD). On 7 June 2001, the United States Army Court of Military Review affirmed the sentence approved. On 2 December 1999, the applicant was placed on excess leave pending final adjudication of his BCD. On 11 July 2001, the applicant was discharged in with a BCD.

         b. On 11 July 2001, the applicant was discharged. At the time of discharge, the applicant had completed 4 years and 28 days of active military service and accrued 96 days of lost time due to military confinement in the period under review and had a total of 9 years, 4 months and 27 days of active military 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 030210, with two (2) enclosure(s).
         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 24 September 2003 .

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

 (1) The issue is rejected. The Board carefully examined the applicant’s record of service during the period of enlistment under review. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. 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 ADRB 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 any issues submitted, the Board found no cause for clemency and therefore voted to deny relief.

3. Response(s) to item(s) not addressed as decisional issue(s): NONE
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: 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       

                                 
Ms. McKim-Spilker
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




JOHN F. LONG
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: 2003087592 INDEX NUMBERS: A9105
Date of Review: 030924 A9217
Character of Service: BD A0100
Date of Discharge: 010711
Authority: AR 635-200 C3
Reason: A6800
Results of Board Action/
Vote/Affirmation: NC 5-0 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    






Similar Decisions

  • ARMY | DRB | CY2003 | AR2003093203

    Original file (AR2003093203.doc) Auto-classification: Approved

    Remarks: NONE SECTION B - Prior Service Data NONE Other discharge(s): Service From To Type Discharge RA 880412 911218 Honorable RA 911219 980519 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. The Board carefully examined the applicant’s record of service during the period of enlistment under review. SECTION B - CERTIFICATION Approval Authority: SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E....

  • ARMY | DRB | CY2003 | 2003090220

    Original file (2003090220.rtf) Auto-classification: Denied

    Her DD Form 214 indicates that she was discharged under the provisions of Chapter 10, AR 635-200 by reason of for the good of the service-in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant would have been aware of that prior to requesting discharge. PART VII - BOARD ACTIONSECTION B...

  • ARMY | DRB | CY2003 | 2003089582

    Original file (2003089582.rtf) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived an administrative separation board contingent upon receiving a general, under honorable conditions discharge, and did not submit a statement in his own behalf. The Board determined that the reason for discharge was proper and equitable and voted not to change it. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2003 | 2003086039

    Original file (2003086039.rtf) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2003086039 INDEX NUMBERS: A9406 Date of Review: 030903 A9218 Character of Service: GD A0100 Date of Discharge: 030203 Authority: AR 635-200 C13 Reason: A4900 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason Characterization...

  • ARMY | DRB | CY2003 | 2003089364

    Original file (2003089364.rtf) Auto-classification: Approved

    Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2003 | 2003087589

    Original file (2003087589.rtf) Auto-classification: Approved

    His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200 by reason of for the good of the service-in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2003 | 2003083366

    Original file (2003083366.rtf) Auto-classification: Approved

    Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. The Board determined that the reason for discharge was proper and equitable and voted not to change it. SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army...

  • ARMY | DRB | CY2003 | 2003088797

    Original file (2003088797.rtf) Auto-classification: Denied

    PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2003088797 INDEX NUMBERS: A9217 Date of Review: 031022...

  • ARMY | DRB | CY2003 | 2003090742

    Original file (2003090742.rtf) Auto-classification: Denied

    Her DD Form 214 indicates that she was discharged under the provisions of Chapter 16-8, AR 635-200 by reason of reduction in force, with a characterization of service of honorable. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army...

  • ARMY | DRB | CY2003 | 2003086297

    Original file (2003086297.rtf) Auto-classification: Denied

    The Board carefully examined the applicant’s available record of service and the evidence submitted by the applicant in support of his request for a change in his narrative reason for discharge. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President,...