Application Receipt Date: 060510	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 with three (3) attachments

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: 940204
Discharge Received:     Date: 970110   
Chapter: 3    AR: 635-200
Reason: Court-Martial
RE:     SPD: JJD
Unit/Location: Company T, 266th Quartermaster Battalion, 23rd Quartermaster Brigade, Fort Lee, VA  23801 

Time Lost: AWOL x 2, from (931224-931225) and (931229-931230).  He surrendered to the military authorities at L Company, 262nd Quartermaster Battalion, Fort Lee, VA  23801.  Also, the applicant was confined as a result of his court-martial for a total of 43 days, from (940114-940225).

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): 940204, Special Court-Martial for failing to go to his appointed place of duty (931216), AWOL, (931224-931226), AWOL, (931229-931231), disobeyed a lawful order not to consume alcoholic beverages (931231), larceny (931211), wrongfully possess and use marijuana (940113), and broke restriction x 2, (940108), (940113).  He was sentenced to a Bad Conduct Discharge, forfeiture of $500.00 pay per month for three (3) months, and to be confined for 75 days.  

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  701212  
Current ENL Date: 930528    Current ENL Term: 3 Years  ?????
Current ENL Service: 3 Yrs, 5 Mos, 26 Days The applicant was placed on excess leave for a total of 1, 016 days from (940401-970110).  Minus the excess leave, the applicant served 8 month and 17 days of net active service this period.  The applicant was retained in the service 186 days for the convenience of the Government per AR 635-200.   
Total Service:  3 Yrs, 5 Mos, 26 Days ?????
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Specialist   GT: 95   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See DD Form 293 with attachments

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 4 February 1994, the applicant was found guilty by a special court-martial for failing to go to his appointed place of duty (931216), AWOL, (931224-931226), AWOL, (931229-931231), disobeying a lawful order not to consume alcoholic beverages (931231), larceny (931211), wrongfully possessing and using marijuana (940113), and breaking restriction x 2, (940108), (940113).  He was sentenced to a Bad Conduct Discharge, forfeiture of $500.00 pay per month for three (3) months, and to be confined for 75 days. On 31 March 1994, 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.  On 23 March 1995, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 19 September 1995, the sentence having been affirmed pursuant to Article 71c 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 a careful review of all the applicant’s military records, the issues and documents he submitted, the analyst found no mitigating factors that would warrant clemency.  There was a full consideration of all faithful and honorable service as well as the incidents of misconduct.  The evidence of record clearly shows that the applicant was adjudged guilty by a 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 analyst is empowered to recommend a change to 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 the issue he submitted, the analyst found no cause for clemency and therefore recommend to the Board no clemency.   
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 7 March 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted no clemency.   
























Case report reviewed and verified by: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 9 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006719

Applicant Name:  Mr.        
______________________________________________________________________


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