Applicant Name: ?????

Application Receipt Date: 070920	

Prior Review    Prior Review Date: None

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

Issues: See attached DD Form 293 submitted by the Applicant.

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: 070515   
Chapter: 3    AR: 635-200
Reason: Court-Martial, Other
RE:     SPD: JJD
Unit/Location: HHC, 64th Bde Spt Bn, 3rd BCT, Fort Carson, CO 

Time Lost: AWOL 31 days (050318-050418), mode of return unknown; Confinement  70 days (050510-050706)

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

Court-Martials (Charges/Dates/Punishment): 050510, SPCM, AWOL (050318-050419), wrongful use of marijuana (041118), wrongful use of marijuana (041207-050106), wrongful use of cocaine (050102-050106), reduction to E-1, forfeiture of $822.00 pay per month for three months, confinement for 70 days and a bad conduct discharge.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  81/10  
HOR City, State: Houston, TX
Current ENL Date: 020718    Current ENL Term: 4 Years  ?????
Current ENL Service: 04 Yrs, 07 Mos, 00 Days , includes 642 days of excess leave (050812-070515)
Total Service:  04 Yrs, 07 Mos, 00 Days ?????
Previous Discharges: None
Highest Grade: E-2
Performance Ratings Available: Yes    No 
MOS: 63B  Wheeled Vehicle Mechanic   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None  (Applicant's DD Form 214 indicates Applicant received a GWOTEM)
Decorations/Awards: NDSM, GWOTEM, GWOTSM  (Applicant asserts he received an ARCOM but was ommited from his DD Form 214)

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 10 May 2005, the Applicant was found guilty by a special court-martial of being absent from his unit from 18 March 2005 until on or about 19 April 2005; wrongfully using marijuana between 18 October 2004 and 18 November 2004 & between on or about 7 December 2004 and 6 January 2005; and, wrongfully using cocaine between on or about 2 January 2005 and 6 January 2005. The Applicant was sentenced to be discharged with a Bad Conduct Discharge, forfeiture of $822.00 pay per month for three months, confinement for 70 days, and reduction to E-1.  On 21 July 2005, the sentence was approved.  On 7 September 2006, 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 Applicant’s military records, the analyst found no mitigating factors that would warrant clemency.  There was a full consideration of all faithful and honorable service as well as the incidents of misconduct.  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.  Court-martial convictions stand as adjudged or modified by appeal through the judicial process.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the Applicant were fully protected throughout the separation process. The analyst is empowered to recommend a change to 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 recommend to the Board no clemency.  Furthermore, the analyst noted the Applicant's issue pertaining to the awards he states he should have received, however, the correction that the Applicant requests to be made to his DD Form 214 does not fall within the purview of this Board.  The Applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149, regarding this matter.  An application for that Board is enclosed.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 30 July 2008              
Location: Washington, D.C.

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.

								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 30 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013018
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