Application Receipt Date: 060928
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting 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: 910328
Discharge Received: Date: 920924
Chapter: 3 AR: 635-200
Reason: As a Result of Court-Martial, Other
RE: SPD: JJD
Unit/Location: E Company, 27th Maintenance Battalion, Fort Hood, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): General Court-Martial/890308/Wrongful use of marijuana on or about (881209), wrongful distribution of methamphetamine on or about (881209), and wrongful possession of methamphetamine with intent to distribute on or about (881215)/He was sentenced to reduction in grade to PFC/E3, and forfeiture of $200.00 pay per month for six months.
Special Court-Martial/910328/Wrongful use of marijuana between (900317) and (900416), and wrongful use of cocaine between (900401) and (900416)/He was sentenced to a Bad Conduct Discharge.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 520516
Current ENL Date: 840229 Current ENL Term: 06 Years (Extension of service was the the request and for the convenience of the government).
Current ENL Service: 08 Yrs, 06Mos, 26Days (Includes 504 days of excess leave 910510-920922)
Total Service: 21 Yrs, 00Mos, 29Days ?????
Previous Discharges: RA-710907-740829/HD
RA-740830-790530/HD
RA-790531-840228/HD
Highest Grade: E6
Performance Ratings Available: Yes No
MOS: 76P10 (Material Control & Accounting Specialist) GT: 96 EDU: GED Overseas: Germany, Korea Combat: None
Decorations/Awards: ASR, NDSM, OSR (4), NCOPDR, AGCM (5th Award),
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 28 March 1991, the applicant was found guilty by a special court-martial of the wrongful use of marijuana between 17 March 1990 and 16 April 1990, and the wrongful use of cocaine between 1 April 1990 and 16 April 1990. He was sentenced to be discharged with a Bad Conduct Discharge. The record of trial was forwarded to The Judge Advocate General of The Army for review by the Court of Military Review. On 2 May 1991, the court affirmed the findings of gulity and the sentence. On 24 July 1992, 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 applicants military records, and the issue he submitted, the analyst found no mitigating factors that would warrant clemency. 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 Army Discharge Review 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, the analyst found no cause to recommend clemency and therefore, the reason for discharge and the characterization of service remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 4 June 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: yes [redacted]
Witnesses/Observers: None
Exhibits Submitted: None
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 3 No change 0 - 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, hearing his testimony and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is now inequitable. The Board found that the length and quality of the applicants service, and the time that has elapsed since his discharge, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. A change in the reason for discharge is not authorized under Federal Statute.
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: 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: 8 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060014056
Applicant Name: Mr.
______________________________________________________________________
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