Applicant Name:  ?????

Application Receipt Date: 2010/02/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was young and in the wrong place at the wrong time. He made a mistake and has paid a huge price for it. Since his separation he has turned his life around, has two year old triplets that he has to take care of and support. It is hard to find a job, and he is trying to better himself for his family and need the chance to prove that he is the person he set out to be in life. He just made some bad choices in his past. 

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: NA
Discharge Received: 			   Date: 080219   Chapter: 3      AR: 635-200
Reason: Court-Martial	   RE:     SPD: JJD   Unit/Location: 978th Military Police Company, 76th Military Police Battalion, US Army Air Defense Artillery Center, Fort Bliss, TX 

Time Lost: Military confinement for 101 days from (060320-060628).   

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

Courts-Martial (Charges/Dates/Punishment): 060320, Special Court-Martial for wrongfully possessing, introducing and or using cocaine between on or about (050901-051130), made a false official statement to a CID Agent on or about (051130), wrongfully introduced some amount of cocaine on divers occasions, between on or about (051001-051130), wrongfully distributed some amount of cocaine on divers occasions between on or about (051001-051130), wrongfully used cocaine on divers occasions between on or about (051001-051130). The applicant was sentenced to be discharged from the service with a bad conduct discharge, forfeiture of $950.00 pay per month for six months, confined for six months, and to be reduced to Private (E-1). 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 050322    Current ENL Term: 5 Years  ?????
Current ENL Service: 	2 Yrs, 7 Mos, 19 Days The computation includes 601 days of excess leave from (060629-080219).
Total Service:  		2 Yrs, 7 Mos, 19 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: 31B10 Military Police   GT: 94   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.





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 wrongfully possessing, introducing and or using cocaine between on or about (050901-051130), making a false official statement to a CID Agent on or about (051130), wrongfully introducing some amount of cocaine on divers occasions, between on or about (051001-051130), wrongfully distributing some amount of cocaine on divers occasions between on or about (051001-051130), and wrongfully using cocaine on divers occasions between on or about (051001-051130). The applicant was sentenced to be discharged from the service with a bad conduct discharge, forfeiture of $950.00 pay per month for six months, confined for six months, and to be reduced to Private (E-1).   
       
       On 11 September 2006, 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 affirming the approved findings of guilty and the sentence are not part of the available record.   However, on 21 September 2007, the sentence having been affirmed pursuant to Article 71c having been complied with, the sentence was ordered to be executed.  The applicant was discharged from the Army with a Bad Conduct Discharge and reduced to the lowest enlisted grade.

       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 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.  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. 
       
       The analyst noted the applicant's issue that he was young and in the wrong place at the wrong time.  He made a mistake and has paid a huge price for it.  Since his separation he has turned his life around, has two year old triplets that he has to take care of and support, and it is hard for him to find a job,  The analyst found that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.  
       
       Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  After a thorough review of the applicant’s record and the issue submitted with the application, the analyst found no cause for clemency and therefore recommends to the Board to deny clemency. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 20 October 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 12 January 2010.


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 0
(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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change





























Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20100007957
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