Applicant Name:  ?????

Application Receipt Date: 2008/02/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documents submitted by the Applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: Not in File (NIF)
Discharge Received: 			   Date: 061227   Chapter: 3    AR: 635-200
Reason: Court Martial, Other	   RE:     SPD: JJD   Unit/Location: HHC, 705th MP Bn, Fort Leavenworth, KS 

Time Lost: 5 months, confinement (040603-041101)

Article 15s (Charges/Dates/Punishment): Article 15 not in file, however the record show the applicant was reduced to E-3 on 040414.

Courts-Martial (Charges/Dates/Punishment): 040603, SPCM, wrongful use of marijuana x 3 (Oct 01-Sep 03, 031210, and 040118), reduction to E-1, confinement for 6 months, and a BCD.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 030708    Current ENL Term: 3 Years  Retained for the Conveneince of the Government
Current ENL Service: 	03 Yrs, 00Mos, 19Days ?????
Total Service:  		06 Yrs, 01Mos, 10Days ?????
Previous Discharges: 	RA 000619-030707/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92Y10 Supply Spc   GT: 97   EDU: HS Grad   Overseas: Germany, Iraq   Combat: Iraq (030301-030801)
Decorations/Awards: AAM-2, NDSM, GWOTEM, GWOTEM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Subic Bay, Phillipines
Post Service Accomplishments: Currently in his third year as a college student (no documentation was provided), volunteers with the American Legion.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 March 2004, the applicant was found guilty by a special court-martial of wrongful use of marijuana on several occasions between October 2001 and September 2003, again on 10 December 2003, and on 18 January 2004.  He was sentenced to be discharged with a Bad Conduct Discharge, confinement for five months, and reduction to E-1.  On 29 November 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 14 September 2006, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence as corrected.  On 14 September 2006, the sentence having been affirmed pursuant to Article 71c, 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, documents and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to general, under honorable conditions.  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 court-martial and that the convening authority approved the sentence.  Court-martial convictions stand as adjudged or modified by appeal through the judicial process.  The Army Discharge Review Board is empowered to change the characterization of 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.  The analyst carefully reviewed the applicant’s military record and post service accomplishments and found that clemency was warranted.  Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions based on the overall length and quality of his service to include his combat service in Iraq.  The analyst noted that the Applicant earned two Army Achievement Medals and deployed with his unit to a hostile zone where he served for five months.  A change in the reason for discharge is not authorized under Federal statute.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 






























       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 5 December 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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 clemency was warranted based on the Applicant's overall length, quality, and his combat service.  Accordingly, the Board voted to upgrade his characterization of service to general, under honorable conditions.  A change in the reason for discharge is not authorized under Federal statute.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080002242
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