Applicant Name: ?????

Application Receipt Date: 070830	

Prior Review    Prior Review Date: None

I.  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. Then I am denied employment. I feel that I have served my country, made a mistake, suffered the consequences, and now I would like to move on with my life. I feel that a discharge upgrade would help me to do so. Thank-you for your time.

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: 050218   
Chapter: 3    AR: 635-200
Reason: Court Martial, Other
RE:     SPD: JJD
Unit/Location: Student Company, U.S. Army Signal Det, Fort Meade, MD 20755 

Time Lost: Confinement/Military Authorities for 125 days (031113-040317), as a result of special court-martial sentence.

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

Court-Martials (Charges/Dates/Punishment): 031113, SPCM, on diverse occasions wrongfully distributed marijuana between (030615-030730), wrongfully possessed marijuana on or about (030808), on diverse occasions wrongfully used marijuana between (030615-030730), on diverse occasions wrongfully introduced marijuana onto a military installation between (030615-030730), disobeyed a lawful general regulation, by wrongfully maintaining a relationship between a permanent party member and a trainee between (030601-030730), made false official statements x 2 on or about (030808) and (030808).  BCD, forfeiture of $700 x 12, confinement for 5 months and reduction to E-1.  

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7811  
HOR City, State: Linden, NC
Current ENL Date: 020205    Current ENL Term: 3 Years  ?????
Current ENL Service: 02  Yrs, 08 Mos, 10 Days ?????
Total Service:  04  Yrs, 11 Mos, 04 Days Includes 338 days of excess leave (040318-050218).
Previous Discharges: RA-991109-020204/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: 98   EDU: HS Grad   Overseas: Germany/Kosovo   Combat: None
Decorations/Awards: AAM, AGCM, NDSM, KCM-1 BSS, ASR, OSR, NM-Kosovo

V.  Post-Discharge Activity
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 13 November 2003, the applicant was found guilty by a special court-martial of on diverse occasions wrongfully distributed marijuana between (030615-030730), wrongfully possessed marijuana on or about (030808), on diverse occasions wrongfully used marijuana between (030615-030730), on diverse occasions wrongfully introduced marijuana onto a military installation between (030615-030730), disobeyed a lawful general regulation, by wrongfully maintaining a relationship between a permanent party member and a trainee between (030601-030730), made false official statements on or about (030808) and (030808).  The applicant was sentenced to a bad conduct discharge, forfeiture of $700 x 12, confinement for 5 months and reduction to E-1.  On 3 March 2004, 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 19 August 2004, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 9 December 2004, 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 careful review of all the applicant’s military records during the period of enlistment under review and the issues 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 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 issues he submitted, the analyst found no cause for clemency and therefore recommends to the Board that clemency is not warranted.  Furthermore, the analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  In view of the foregoing, the analyst determined that the characterization of service and the reason for discharge were both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 20 August 2008              
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 0    No change 5   - 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.

























								        
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: 26 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070012123
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