Application Receipt Date: 060510 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with three (3) attachments II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 940204 Discharge Received: Date: 970110 Chapter: 3 AR: 635-200 Reason: Court-Martial RE: SPD: JJD Unit/Location: Company T, 266th Quartermaster Battalion, 23rd Quartermaster Brigade, Fort Lee, VA 23801 Time Lost: AWOL x 2, from (931224-931225) and (931229-931230). He surrendered to the military authorities at L Company, 262nd Quartermaster Battalion, Fort Lee, VA 23801. Also, the applicant was confined as a result of his court-martial for a total of 43 days, from (940114-940225). Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): 940204, Special Court-Martial for failing to go to his appointed place of duty (931216), AWOL, (931224-931226), AWOL, (931229-931231), disobeyed a lawful order not to consume alcoholic beverages (931231), larceny (931211), wrongfully possess and use marijuana (940113), and broke restriction x 2, (940108), (940113). He was sentenced to a Bad Conduct Discharge, forfeiture of $500.00 pay per month for three (3) months, and to be confined for 75 days. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 701212 Current ENL Date: 930528 Current ENL Term: 3 Years ????? Current ENL Service: 3 Yrs, 5 Mos, 26 Days The applicant was placed on excess leave for a total of 1, 016 days from (940401-970110). Minus the excess leave, the applicant served 8 month and 17 days of net active service this period. The applicant was retained in the service 186 days for the convenience of the Government per AR 635-200. Total Service: 3 Yrs, 5 Mos, 26 Days ????? Previous Discharges: None Highest Grade: E1 Performance Ratings Available: Yes No MOS: 92G10 Food Service Specialist GT: 95 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: See DD Form 293 with attachments VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 4 February 1994, the applicant was found guilty by a special court-martial for failing to go to his appointed place of duty (931216), AWOL, (931224-931226), AWOL, (931229-931231), disobeying a lawful order not to consume alcoholic beverages (931231), larceny (931211), wrongfully possessing and using marijuana (940113), and breaking restriction x 2, (940108), (940113). He was sentenced to a Bad Conduct Discharge, forfeiture of $500.00 pay per month for three (3) months, and to be confined for 75 days. On 31 March 1994, 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. On 23 March 1995, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. On 19 September 1995, 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 issues and documents he submitted, 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 clearly shows that 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. After a thorough review of the applicant’s record and the issue he submitted, the analyst found no cause for clemency and therefore recommend to the Board no clemency. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 7 March 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 determined that the discharge was both proper and equitable, and voted no clemency. Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 9 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060006719 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages