Applicant Name:  ?????

Application Receipt Date: 2010/04/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he wants to finish his career in the military.

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: 960701   Chapter: 3    AR: 635-200
Reason: Court Martial	   RE:     SPD: JJD   Unit/Location: B Company, 2nd Battalion, 16th Infantry Regiment, Fort Riley, KS 

Time Lost: Military confinement from (950504-950930) for 159 days; as a part of the punishment imposed from his special court martial.

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

Courts-Martial (Charges/Dates/Punishment): 950504, Special Court Martial for wrongfully distributing marijuana on or about (940901). He was sentenced to be reduced to the grade of Private (E-1), discharged with a bad conduct discharge, confinement for 5 months and to forfeite two-thirds pay ($727.00) for five months.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 921014    Current ENL Term: 3 Years  ?????
Current ENL Service: 	3 Yrs, 8 Mos, 18 Days ?????
Total Service:  		5 Yrs, 5 Mos, 21 Days ?????
Previous Discharges: 	USAR 910110-921013/NA
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11H10 Heavy Anti-Armor Weapons Infantryman   GT: NIF   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: NIF

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 4 May 1995, the applicant was found guilty by a special court-martial for wrongfully distributing marijuana on or about (940901).  He was sentenced to be reduced to the grade of Private (E-1), discharged with a bad conduct discharge, confinement for 5 months and to forfeite two-thirds pay for five months.  
       
       On 5 July 1995, 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 documentation 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 23 August 1995, DA, HQ, 1st Infantry Division (Mech), Fort Riley, KS, CPT, JA, Chief, Criminal Law Division, withdrew so much of the sentence extending to forfeiture of $727.00 pay per month for months and changed it to forfeiture of $569.00 pay per month for 5 months.  
       
       On 30 May 1996, 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 issue submitted with the application, 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 incident 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 would like to finish his career in the military.  However, 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. 
       
       After a thorough review of the applicant’s records 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: 19 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 9 April 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 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: 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 AR20100014345
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