Applicant Name:  ?????

Application Receipt Date: 2008/02/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: NIF
Discharge Received: 			   Date: 061228   Chapter: 3      AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: A Co, 1-505th IN Bn (ABN), Fort Bragg, NC 

Time Lost: Confinement/Military Authorities for 120 days (050308-050708), as a result of his court-martial sentence.

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

Courts-Martial (Charges/Dates/Punishment): 050308, SPCM, for wrongfully possessing drug paraphernalia (041213), wrongfully importing approximately 30 vials of steroids, a schedule III controlled substance into the United States on board an aircraft used by the armed forces on a return flight from Iraq (040329), wrongfully using steroids between (040301-040430), wrongfully importing some amount of hashish marijuana into the United States on board an aircraft used by the armed forces on a return flight from Iraq (041101), and wrongfully using cocaine and marijuana between (041101-041207). BCD, confinement for 140 days and reduction to E-1.  

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 030102    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 07Mos, 26Days ?????
Total Service:  		03 Yrs, 08Mos, 26Days Includes 497 days of excess leave (050819-061228). 
Previous Discharges: 	USAR-021202-030101/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 74D1P Chemical Operations Spec   GT: NIF   EDU: 16 Years   Overseas: Southwest Asia   Combat: Iraq (Dates NIF)
Decorations/Awards: NDSM, GWOTSM

V.  Post-Discharge Activity
City, State:  Rockford, IL
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 8 March 2005, the applicant was found guilty by a Special Court-Martial for wrongful possession of drug paraphernalia (041213), wrongfully imported approximately 30 vials of steroids, a schedule III controlled substance into the United States on board an aircraft used by the armed forces on a return flight from Iraq (040329), wrongfully used steroids between (040301-040430), wrongfully imported some amount of hashish marijuana into the United States on board an aircraft used by the armed forces on a return flight from Iraq (041101), and  wrongfully used cocaine and marijuana between (041101-041207).  The applicant was sentenced to confinement for 140 days, reduction to E-1 and a bad-conduct discharge.  On 17 June 2005, 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.  The United States Army Court of Military Review document affirming the approved findings of guilty and the sentence are not part of the available record and the analyst presumed Government regularity in the discharge process.  On 11 July 2006, the sentence having been affirmed pursuant to Article 71c having been complied with, the sentence was ordered to be executed.
       
       The analyst noted that the applicant's promotion to SGT/ E-5 was revoked on (0501125).  

       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 recommends to the Board no clemency.  Furthermore, the analyst noted the applicant's issue; however, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment.  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: 10 December 2008         Location: Washington, DC

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 found no cause for clemency and therefore voted to deny relief.









 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003335
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