Application Receipt Date: 060501
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293.
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: 050513
Chapter: 3 AR: 635-200
Reason: Court-Martial, Other
RE: SPD: JJD
Unit/Location: 1st Maintenance Company, 541st Maintenance Battalion, Fort Riley, KS
Time Lost: CMA-196 days (030219-030902) as a result of Special Court-Martial sentence.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): SPCM/030219/Wrongful posseession of 3/4 pounds of marijuana with the intent to distribute on or about 021025, wrongful distribution of some amount of marijuana on divers occasions between or about 020815 and on or about 021023, wrongful manufacture of some amount of marijuana between on or about 020801 and on or about 020831/Sentence to be confined for 12 months, and to be discharged from the service with a bad-conduct discharge.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 820415
Current ENL Date: 000829 Current ENL Term: 04 Years ?????
Current ENL Service: 04 Yrs, 01Mos, 29Days (Includes 609 days of excess leave 030913-050513)
Total Service: 04 Yrs, 01Mos, 29Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 35N10 (Wire Systems Equipment Repairer) GT: 105 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 19 February 2003, the applicant was found guilty by a Special Court-Martial of wrongful posseession of 3/4 pounds of marijuana with the intent to distribute on or about 25 October 2002, wrongful distribution of some amount of marijuana on divers occasions between or about 15 August 2002 and on or about 23 October 2002, and wrongful manufacture of some amount of marijuana between on or about 1 August 2002 and on or about 31 August 2002. He was sentenced to be discharged with a bad-conduct discharge and confinement for 12 months. The execution of that part of the sentence adjudging confinement in the excess of 8 months was suspended for 8 months at which time, unless the suspension was sooner vacated, the suspended part of sentence was remitted without further action. 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. The United States Army Court Of Military Review affirmed the findings of guilty and the sentence as approved. On 24 February 2005, the sentence having been affirmed pursuant to Article 71© having been complied with, the sentence was ordered to be executed.
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 applicants military records during the period of enlistment under review and the issue he 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 applicants record and the issue he submitted, the analyst found no cause for clemency and therefore recommends to the Board that clemency is not warranted. In view of the aforementioned, the characterization of service and the reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 070228
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
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 No change (Character)
Change No change (Reason)
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted not to change it.
Case report reviewed and verified by: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 070307
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060006354
Applicant Name: Mr.
______________________________________________________________________
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