PART II - APPLICATION DATA (Note: Part I deleted under the Privacy Act on Reading Room copy) 1. Character of Discharge: Bad Conduct 2. Date of discharge (or REFRAD): 870528 3. Authority for separation: a. Regulation: Chapter 3, AR 635-200 b. Reason: As a Result of Court-Martial 4. Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. Service data: 2. Awards and decorations: AAM a. Period entered for: 3 Years ASR b. Entry date: 830714 c. Age: 18 Years DOB: 640925 d. Educational level: HS Grad e. Aptitude area score: GT: 105 3. Highest grade achieved: f. Length of Service: E3 3 Year(s) 9 Month(s) 23 Day(s) 4. Performance evaluations: NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review - Continued 5. Periods of unauthorized absence: Status Inclusive dates AWOL 0 Mil conf 851017-851017; 851115-851205; Civil conf 0 Other 0 6. Nonjudicial punishment: Date Offense(s) 841127 Failed to obey a lawful order issued by a SFC, two specifications; (841114); (841115) and failed to be at your appointed place of duty (841113). 851023 Wrongfully used Tetra Hydro Cannabinol, on or about (850820 to 850904). 7. Court-Martial data: a. SCM: Date Offense(s) b. SPCM: Date Offense(s) 851115 Operating a military vehicle while drunk (851016); disrespectful in language and deportment towards a commissioned officer (851016); and damaged through neglect, military property of a value of about $44,446.00, (851016). c. GCM: Date Offense(s) 8. Remarks: NONE SECTION B - Prior Service Data NONE Other discharge(s): Service From To Type Discharge PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Evidence of record shows that on 15 November 1985, the applicant was found guilty by a special court-martial of operating a military vehicle while drunk (851016); disrespectful in language and deportment towards a commissioned officer (851016); and damaging through neglect, the military property of the US Army of a value of about $44,446.00, (851016). He was sentenced to be discharged with a Bad Conduct Discharge and confinement for thirty days. On 14 January 1986, 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 20 March 1987, the sentence having been affirmed pursuant to Article 71 © having been complied with, the sentence was ordered to be executed. b. On 28 May 1987, the applicant was discharged with a bad conduct discharge under the provisions of Chapter 3, AR 635-200 by reason of court-martial. At the time of discharge, the applicant had completed 3 years, 9 months, and 23 days of active military service and accrued 22 days of lost time in the period under review. 2. Legal/Regulatory Basis for Separation Action: 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. SECTION B-APPLICANT’S SUBMISSIONS 1. Issue(s) of propriety and/or equity submitted by applicant or counsel. As stated on applicant’s DD Form 293. 2. Exhibit(s) submitted: A-1: DD Form 293, dated 020323, with three (3) enclosure(s). A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) SECTION C - Medical and/or Legal Advisory Opinion Referred to ( ) Medical Advisor ( ) Legal Advisor a. Medical prehearing comments (if applicable): b. Legal prehearing comments (if applicable): PART V - SUMMARY OF HEARING SECTION A-Attendees and exhibits 1. Review/hearing information: a. Type requested: ( ) Records review ( X ) Hearing b. Type Held: ( X )Records review ( ) Hearing ( ) Tender Offer c. Review/hearing location and date: Washington, DC on 28 October 2002. d. Appearance by: Applicant ( ) Yes ( X ) No Counsel ( ) Yes ( X ) No e. Applicant testified: ( ) Yes ( X ) No f. Counsel presentation: ( ) Yes ( X ) No g. Witness(es) testified: ( ) Yes ( X ) No 2. Exhibit(s) submitted at hearing: 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 of this case report and directive. ( ) 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 applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document. 3. Response(s) to item(s) not addressed as decisional issue(s): NONE 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: Promulgation Team 1941 Jefferson Davis Highway, 2nd Floor Arlington, VA 22202-4508 3. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified                            MR. RON WILLIAMS Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority: SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board Official: JOHN F. LONG Lieutenant Colonel, U.S. Army Chief, Secretary Recorder EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant INDEX RECORD: AR Number: 2002073155 INDEX NUMBERS: A9105 Date of Review: 021028 A9217 Character of Service: BD A0100 Date of Discharge: 870528 A9500 Authority: AR 635-200 C3 Reason: A6800 Results of Board Action/ Vote/Affirmation: NC 5-0 A PART IX - VOTING RECORD Name  Reason Characterization CHANGE NC HON UHC NC UNCHAR 1. Mbr      X          X     2. Mbr      X          X     3. Mbr      X          X     4. Mbr      X          X     5. PO      X          X