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ARMY | DRB | CY2006 | AR20060011345
Original file (AR20060011345.txt) Auto-classification: Denied
Application Receipt Date: 060810	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents.

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: 041022   
Chapter: 3    AR: 635-200
Reason: Court-Martial, Other
RE:     SPD: JJD
Unit/Location: 623rd Quartermaster Company, 264th CSB, Fort Bragg, NC 28310 

Time Lost: AWOL-324 days from (021017-040318), surrendered to military authorites at Fort Meade, MD on (030309), and transferred to Fort Knox, KY.  The applicant was confined by military authority for 114 days, from (031125-040318), as a result of special court-martial sentence.    

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

Court-Martials (Charges/Dates/Punishment): Special Court-Martial/031125-Wrongfully use marijuana, between on or about (020817) and on or about (020917), and absented himself from his unit from (021017-030909).  The applicant was sentenced to a bad-conduct discharge and confinement for 5 months.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  770102  
Current ENL Date: 000623    Current ENL Term: 4 Years  ?????
Current ENL Service: 03 Yrs, 01 Mos, 07 Days ?????
Total Service:  03  Yrs, 01 Mos, 07 Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: 92R1P Parachute Rigger   GT: NIF   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 reveals that on 25 November 2003, the applicant was found guilty by a Special Court-Martial of wrongful use of marijuana between on or about (020817) and on or about (020917), and absented himself from his unit from (021017-030909).  The applicant was sentenced to a bad-conduct discharge and confinement for 5 months.  That portion of sentence pertaing to confinement has been served.  On 9 December 2003, 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 9 June 2004, the United States Army Court Of Military Review.  On 27 August 2004, the sentence having been affirmed pursuant to Article 71© having been complied with, the sentence was ordered to be executed.
      
      The applicant was placed on involuntary excess leave for a total of 218 days from  (040319-041022).  

      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 applicant’s military records during the period of enlistment under review, the issue and documents 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 applicant’s record and the issue he submitted, the analyst found no cause for clemency and therefore recommends to the Board that clemency is not warranted.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment.  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: 8 August 2007              
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 2    No change 3   - Character
		 			      Change 0    No change 5   - 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 found no cause for clemency and therefore, voted to deny relief.






















Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
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: 


CHRISTINE U. MARTINSON				DATE: 22 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011345

Applicant Name:  Mr.       
______________________________________________________________________


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