CASE NO:  AD97-00727

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):  840207                                     

3.  Authority for separation:

	a.  Regulation:  Chapter 3, AR 635-200       

	b.  Reason:	As a Result of Court-Martial
                           
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:  4 Years                     
b.  Entry date:  800328                        
c.  Age:  22 Years   DOB:  570918                                          
d.  Educational level:  HS Grad                                            
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  118                               3.  Highest grade achieved:
    f.  Actual creditable service:  3  Years            
        6  Months  11 Days                         Grade    
                                                   E5        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00727

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

5.  Periods of unauthorized absence:  
                                                                    
    Status       Inclusive dates                       
	AWOL                                                               
	Mil conf      820719 - 821117                                      
	Civil conf                                                         
	Other                                                              

6.  Nonjudicial punishment: 

	Nature    Date
	Art 15    810911

7.  Court-Martial data:  
    SPCM for wrongfully selling 5 doses of LSD; transferring 5 doses of LSD;       
         wrongfully having in his possession .23 grams of marihuana; wrongfully 
         transferring .23 grams of marihuana.

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data

1.  Other discharge(s):                  

	Service          Type           
    RA               HD

            

	CASE NO:  AD97-00727

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

1.  Summary of facts and circumstances concerning discharge:

    820831:  Applicant was charged with wrongfully selling 5 doses of LSD; 
             transferring 5 doses of LSD; wrongfully having in his possession .23 
             grams of marihuana; wrongfully transferring .23 grams of marihuana.
    820831:  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.
    830718:  The United States Army Court of Military Review affirmed the approved 
             findings of guilty and the sentence.
    840126:  The sentence having been affirmed pursuant to Article 66 and Article 71 
             (c) having been complied with, the sentence was ordered to be executed.
    840207:  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 961231.
    B-1:  DD Form 293, with four (4) enclosures 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:  AD97-00727

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, 2, 3, 4)  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.

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

			CASE NO:  AD97-00727

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:  AD97-00727

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
LTC PHILLIPS
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: 

AD9700727         970409    BD    840207    AR635-200 C3      A6800    NC 5-0 A
1          10 11 12        18    20        26                41       46 49  52

                  A9105   A0100   A9217   A9235                              
                 53      58      63      68                                  

			CASE NO:  AD97-00727

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  MAJ WYRICK, JIMMY              Mbr          X                 X      

    2.  LTC PHILLIPS, JOHN             Mbr          X                 X      

    3.  LTC SMITH, LILLIAN             Mbr          X                 X      

    4.  LTC WHISKER, JILL              Mbr          X                 X      

    5.  COL ALLEN, THOMAS              PO           X                 X