Application Receipt Date: 060928 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting documents. 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: 910328 Discharge Received: Date: 920924 Chapter: 3 AR: 635-200 Reason: As a Result of Court-Martial, Other RE: SPD: JJD Unit/Location: E Company, 27th Maintenance Battalion, Fort Hood, TX Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): General Court-Martial/890308/Wrongful use of marijuana on or about (881209), wrongful distribution of methamphetamine on or about (881209), and wrongful possession of methamphetamine with intent to distribute on or about (881215)/He was sentenced to reduction in grade to PFC/E3, and forfeiture of $200.00 pay per month for six months. Special Court-Martial/910328/Wrongful use of marijuana between (900317) and (900416), and wrongful use of cocaine between (900401) and (900416)/He was sentenced to a Bad Conduct Discharge. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 520516 Current ENL Date: 840229 Current ENL Term: 06 Years (Extension of service was the the request and for the convenience of the government). Current ENL Service: 08 Yrs, 06Mos, 26Days (Includes 504 days of excess leave 910510-920922) Total Service: 21 Yrs, 00Mos, 29Days ????? Previous Discharges: RA-710907-740829/HD RA-740830-790530/HD RA-790531-840228/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 76P10 (Material Control & Accounting Specialist) GT: 96 EDU: GED Overseas: Germany, Korea Combat: None Decorations/Awards: ASR, NDSM, OSR (4), NCOPDR, AGCM (5th Award), V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 28 March 1991, the applicant was found guilty by a special court-martial of the wrongful use of marijuana between 17 March 1990 and 16 April 1990, and the wrongful use of cocaine between 1 April 1990 and 16 April 1990. He was sentenced to be discharged with a Bad Conduct Discharge. The record of trial was forwarded to The Judge Advocate General of The Army for review by the Court of Military Review. On 2 May 1991, the court affirmed the findings of gulity and the sentence. On 24 July 1992, 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, and the issue he submitted, the analyst found no mitigating factors that would warrant clemency. The evidence of record clearly shows that the applicant was adjudged guilty by 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 Army Discharge Review Board is empowered to change 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, the analyst found no cause to recommend clemency and therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 4 June 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: yes [redacted] Witnesses/Observers: None Exhibits Submitted: None 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 3 No change 0 - Character Change 0 No change 0 - 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, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is now inequitable. The Board found that the length and quality of the applicant’s service, and the time that has elapsed since his discharge, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. A change in the reason for discharge is not authorized under Federal Statute. Case report reviewed and verified by: Eric S. Moore, 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: 8 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014056 Applicant Name: Mr. ______________________________________________________________________ Page 3 of 5 pages