Application Receipt Date: 060803
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: 031020
Chapter: 3 AR: 635-200
Reason: Court-Martial, Other
RE: SPD: JJD
Unit/Location: C Battery, 3rd Battalion, 7th Field Artillery, Schofield, Barracks, HI 96857
Time Lost: Confinement Military Authority-70 days from (000815-001024), as a result of Special Court-Martial sentence.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): Special Court-Martial/000815-Make a false official statement, (000314), wrongfully distribute marijuana, (000120), and wrongfully use marijuana, between on or about (000323) and (000423). He was sentenced to reduction to the grade of Private/E-1, confinement for period of 90 days, and discharged with a bad-conduct discharge.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 711014
Current ENL Date: 970915 Current ENL Term: 3 Years ?????
Current ENL Service: 05 Yrs, 10 Mos, 25 Days ?????
Total Service: 05 Yrs, 10 Mos, 25 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 13E10 Cannon Fire Direction Spec GT: 118 EDU: HS Grad Overseas: Hawaii Combat: None
Decorations/Awards: ASR, OSR
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 15 August 2000, the applicant was found guilty by a Special Court-Martial of, making a false official statement,(000314), wrongfully distribute marijuana, (000120), and wrongfully use marijuana, between on or about (000323) and (000423). He was sentenced to reduction to the grade of Private/E-1, confinement for period of 90 days, and discharged with a bad-conduct discharge. He was sentenced to be discharged with a bad-conduct discharge. On 13 February 2001, 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 20 February 2003, 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 excess leave for 1,063 days from (001122-031020).
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 applicants military records during the period of enlistment under review, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge, and therefore, recommends that clemency is warranted in the form of an upgrade of the characterization of service to general, under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the overall length of the applicant's service, and the circumstances surrounding the discharge, mitigated the discrediting entries in his service record. A change to the narrative reason for discharge is not authorized under Federal Statute.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 1 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 1 No change 4 - Character
Change 0 No change 0 - 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:
MARY E. SHAW DATE: 13 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060011536
Applicant Name: Mr.
______________________________________________________________________
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