Applicant Name: ?????
Application Receipt Date: 2009/02/13 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 149 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: NIF Date: NIF
Discharge Received: Date: 971008 Chapter: 3 AR: 635-200
Reason: Court-Martial, Other RE: SPD: JJD Unit/Location: HHC, 10th Cbt Spt Hosp, Fort Carson, CO
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): SPCM, 951019, wrongful use of cocaine (950414-950417); reduction to E-1, and a bad-conduct discharge.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 38
Current ENL Date: 910916 Current ENL Term: 6 Years ?????
Current ENL Service: 06 Yrs, 00Mos, 23Days block 12d on the DD Form 214 total prior active service is incorrect, should read 00 Yrs, 03 Mos, 17 Days; further block 12e on the DD Form 214 total prior inactive service is incorrect, should read 03 Yrs, 00 Mos, 18 Days.
Total Service: 21 Yrs, 06Mos, 08Days Includes 590 days of excess leave (960227-971008)
Previous Discharges: ARNG-760331-760613/NA
ADT-760614-760930/HD
ARNG-760931-790805/GD
RA-790806-801120/HD
RA-801121-830713/HD
RA-830714-860714/HD
RA-860715-910915/HD
Highest Grade: E-7 Performance Ratings Available: Yes No
MOS: 76J10 Medical Supply Spec GT: 110 EDU: HS Grad Overseas: Germany/Southwest Asia Combat: Saudi Arabia (910103-910424)
Decorations/Awards: ARCOM, AAM-3, AGCM-4, NDSM, SWASM-W/2 BSS, NCOPDR, ASR, OSR, KLM-SA, KLM-Kuwait
V. Post-Discharge Activity
City, State: Colorado Springs, CO
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 19 October 1995, the applicant was found guilty by a special court-martial for wrongful use of cocaine (950414-950417). He was sentenced to reduction to E-1, and a bad-conduct discharge. On 14 February 1996, 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 5 May 1997, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. On 11 September 1997, 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 during the period of enlistment under review, the analyst determined that clemency is warranted. The analyst found several mitigating factors that would merit a partial 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 analyst found that the overall length and quality of the applicant's service; to include his combat service, mitigated the discrediting entry in his service record. Accordingly, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the characterization of service to general, under honorable conditions.
Additionally, by his misconduct the applicant diminished the quality of his service below that meriting a fully honorable discharge. Further, the analyst noted the applicant's issue regarding his Post Traumatic Stress Disorder (PTSD); however, the record does not support the issue that the applicant suffers from PTSD and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. Finally, a change to the narrative reason for discharge is not authorized under Federal Statute.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 28 October 2009 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 applicants record of service during the period of enlistment under review, and considering the analysts recommendation and rationale, the Board determined that clemency was warranted. Accordingly, the Board voted to grant partial relief in the form of an upgrade the applicants 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 3 No change 2
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 AR20090004207
______________________________________________________________________________
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