Applicant Name:  ?????

Application Receipt Date: 2010/09/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "Have a strong desire to serve again."

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: 020814
Discharge Received: 			   Date: 051028   Chapter: 3      AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: HHC, 1/5th Cav, Fort Hood, TX 

Time Lost: Pretrial Confinement 24 days,(020521-020813), Confinement 68 days (020814-021020), result of SPCM.  Total time lost 92 days.

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

Courts-Martial (Charges/Dates/Punishment): 020814, SPCM, Wrongful use of marijuana between (020421 and 020521), wrongful use of cocaine between (020516 and 020521), stealing US Currency in the amount of $100.00 from another Soldier x 2 (011224 and 011231), uttering a check in the amount of $100.00 of another Soldier (011224), and making a false statement ((020222), sentenced to a bad conduct discharge and confinement for 8 months. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 001024    Current ENL Term: 03 Years  Retained in service 613 days for the convenience of the government per AR 635-200.
Current ENL Service: 	04 Yrs, 07 Mos, 05 Days Includes 1104 days of excess leave (021021-051028). 
Total Service:  		04 Yrs, 07 Mos, 05 Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 19D10/Cavalry Scout   GT: NIF   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM,, ASR

V.  Post-Discharge Activity
City, State:  Forest, VA
Post Service Accomplishments: None Listed










VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 August 2002, the applicant was found guilty by a special court-martial of wrongful use of marijuana between (020421 and 020521), wrongful use of cocaine between (020516 and 020521), stealing US Currency in the amount of $100.00 from another Soldier x 2 (011224 and 011231), uttering a check in the amount of $100.00 of another Soldier (011224), and making a false statement ((020222). He was sentenced to a Bad Conduct Discharge and confinement for 8 months. 
       
       On 13 February 2003, only so much of the sentence as provides for confinement for six months and to be discharged from the service was approved, except for the part of the sentence extending to a bad conduct discharge was to be executed and the applicant was credited with 85 days of confinement against the sentence to confinement.  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 affirmed the approved findings of guilty and the sentence.  
       
       On 5 August 2005, 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.  With respect to a discharge adjudged by a special court-martial, the action of the ADRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  The ADRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, the issue and documents 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 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 about wanting to serve in the military again, 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, 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: 8 August 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Special Court-Martial Order, dated 5 August 2005 and discharge packet (26 pages),   DD Form 214 for the period of service under review.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

















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 AR20100023453
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