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. Soldiers 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 applicants 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 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. 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 applicants record of service during the period of enlistment under review and considering the analysts 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.
______________________________________________________________________
Page 5 of 5 pages
ARMY | DRB | CY2007 | AR20070010229
The evidence of record indicates that the applicant was adjudged guilty by a court-martial and that the sentence was approved by the convening authority. After a thorough review of the applicants record and the issue he submitted, the analyst found no cause for clemency and therefore recommend to the Board no clemency. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 31...
ARMY | DRB | CY2007 | AR20070012123
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: I have been discharged now for over three years, and every time I go for employment my discharge from the Army is the only thing they see. 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. After a thorough review of the applicants record and the issues he submitted, the analyst found no cause for clemency and...
ARMY | DRB | CY2008 | AR20080019479
Applicant Name: ????? Facts, Circumstances, and Legal Basis for Separation a. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080019479 ______________________________________________________________________________ Page 2 of 3 pages
ARMY | DRB | CY2006 | AR20060014551
On 14 April 2004, the General Court Martial Convening Authority directed that only the sentence as provided for a Bad Conduct Discharge, confinement for 9 months, and reduction to the grade of E-1 is approved and, except for the part of the sentence extending to a BCD, will be executed. 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 no clemency. Certification Signature and...
ARMY | DRB | CY2006 | AR20060007007
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 24 April 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge...
ARMY | DRB | CY2006 | AR20060012209
Current ENL Service: 02 Yrs, 09 Mos, 26 Days ????? c. Response to Issues, Recommendation and Rationale: After careful review of all the applicants military records during the period of enlistment under review, 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review...
ARMY | DRB | CY2006 | AR20060008896
Current ENL Service: 01 Yrs, 10Mos, 14Days ????? The Army Discharge Review Board is empowered to change the discharge only if clemency is determined to be appropriate. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 31 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060008896 Applicant Name:...
AF | DRB | CY2006 | AR20060015827
He was sentenced to be discharged with a Bad Conduct Discharge, confinement for two months, and reduction to E1. After a thorough review of the applicant's record and the issue he submitted, the analyst now believes clemency is warranted and therefore recommends to the Board that it grant clemency in the form of an upgrade of the applicant's characterization of service to general, under honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S....
AF | DRB | CY2006 | AR20060015173
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. 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 to deny relief. Certification...
ARMY | DRB | CY2006 | AR20060006354
He was sentenced to be discharged with a bad-conduct discharge and confinement for 12 months. 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. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S....