CASE NO:  AD97-00615

PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Type of discharge (or characterization of service):  BCD
 
2.  Date of discharge (or REFRAD):  951010

3.  Authority for separation:

	a.  Regulation:  Chapter 3, AR 635-200

	b.  Reason:	Court-Martial, Other
                           
4.  Prior review(s):  ( X ) NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
                                                   ( X ) NONE
                                                    
a.  Period entered for:  6 Years              
b.  Entry date:  910813                        
c.  Age:  31 Years   DOB:  600203                                          
d.  Educational level:  HS Grad                                            
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  108                               3.  Highest grade achieved:
    f.  Actual creditable service:  3 Years            
        9 Months  5 Days                           Grade    
                                                   E7        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00615

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  
                                                                    
    Status       Inclusive dates                       
	AWOL                                                               
	Mil conf     940913-950203                                         
	Civil conf                                                         
	Other                                                              

6.  Nonjudicial punishment:  

	Nature                 Date
	Letter of Reprimand    931116 (Administrative)

7.  Court-Martial data:              

    SPCM for making a false official statement two (2) specifications; wrongful use 
    of cocaine three (3) specifications; unlawful and wrongful endeavor to impede an
    investigation (941222).

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data

1.  Other discharge(s):                  

	Service          Type           
    RA               HD
    RA               HD
    RA               HD

            

	CASE NO:  AD97-00615

PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1.  Summary of facts and circumstances concerning discharge:

    940912:  Applicant was found guilty by a special court-martial of making a false 
             official statement, two specifications (940727 and 940721),  wrongful 
             use of cocaine, three specifications between (930605 and 930608, 940319 
             and 940521 and 940525) and wrongfully and unlawfully endeavor to impede
             an investigation (940627).  He was sentenced to be discharged with a
             bad conduct discharge, confinement for six months and reduction to
             Private E1.
    941222:  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.
    950214:  The United States Army Court of Military Review affirmed the approved 
             findings of guilty and the sentence.
    950811:  The sentence having been affirmed pursuant to Article 71 (c) having 
             been complied with, the sentence was ordered to be executed.
    951010:  Applicant was discharged.	

2.  Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:

    See attached DD Form 293.

3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 961218
    B-1:  DD Form 293, with one (1) enclosure as submitted by the applicant.

PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE

PART V - SUMMARY OF REVIEW HEARING

	a.  Applicant testified:    (   ) Yes   ( X ) No

	b.  Witness(es) testified:  (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  ( X ) NONE

				CASE NO:  AD97-00615

PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

	    ( X )	Same as those listed on DD Form 293 and Part IV, Section A, Paragraph 2.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    (   )	Additional issue(s) identified during review/hearing as follows:

    b.  Request:  ( X ) Recharacterization    (   ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

	a.  Propriety:	The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge. 
 
	b.  Equity:	The parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.

        (1)&(3)  The issues are rejected.  Court-Martial convictions stand as adjudged or modified by appeal through the judicial process.  The Army Discharge Review Board  cannot retry the case.  The Army Discharge Review Board is empowered only to change the discharge if it determines that clemency is in order.  Clemency is an act of mercy, or instance of leniency, to moderate the severity of punishment.  After a thorough review of the applicant's record and any issues submitted, the Board found no cause for clemency and voted to deny relief.

        (2)  The issue is rejected.  The Board considered all the applicant’s prior service, as requested, including the record of promotion, conduct and efficiency, awards and decorations, and prior Honorable discharge(s).  Normally, prior service is not considered in determining the type and character of separation for the period under review.  The Board carefully screened the applicant’s records, and any evidence submitted by the applicant, for data which might affect any decision as to the equity of the type of discharge received.  Taking into consideration all the facts available, the Board determined the applicant’s mitigation was not so meritorious as to warrant relief.

3.  Response to item(s) not addressed as decisional issue(s):  ( X ) NA

			CASE NO:  AD97-00615

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	( X )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	(   )	Improper as to reason.  Change reason to                         under                      .
	( X )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	(   )	Inequitable as to reason.  Change reason to                        
		under                                 .
	(   )	Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         .

2.  Voting record:      Change   No Change
	            Reason       0         5  
    Characterization       0         5   

	  The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below.  The request must contain the CASE NO. located in the upper right corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  CPCD
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  ( X ) NA

				CASE NO:  AD97-00615

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
COL MELCHIOR                                                                  
Post Hearing Reviewer	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

(X) NONE

SECTION B - CERTIFICATION

Approval Authority:

EL CARTIO BARNES
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SHERRY HILL SARGENT
Major, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge                   C - Other
B - Material submitted by applicant                  	

INDEX RECORD:

AD9700615         970423    BD    951010    AR 635-200  C3    A6800    NC 5-0 A
1          10 11 12        18    20        26                41       46 49  52

                  A9200   A0100   A9447   A9203                               
                 53      58      63      68                                   

			CASE NO:  AD97-00615

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  MAJ WYRICK, JIMMY R.          Mbr           X                 X       

    2.  LTC PHILLIPS, JOHN S.         Mbr           X                 X       

    3.  COL ALLEN, THOMAS J.          Mbr           X                 X       

    4.  COL MELCHIOR, ROBERT J.       Mbr           X                 X       

    5.  COL MATHEWS, WILLIAM          PO            X                 X