Applicant Name:  ?????

Application Receipt Date: 2007/12/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect that "I beleive that enough time has passed for me to have a clean record.  I made mistakes in the past and I have paid for them.  I don't think I should have to have a mark on my record for the rest of my life.  I'm now 31 years old and getting married and ready to start a family.  I deserve a clean slate. Thank you."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 001207   Chapter: 3       AR: 635-200, CHAP 3, Sec IV
Reason: Court-Martial,Other	   RE:     SPD: JJD   Unit/Location: HHC, 1st Bn 64th Armor Fort Stewart, GA 

Time Lost: 125 days, Military Confinement, (981001-980202)

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 981001, Special Court Martial, wrongfully possessed and distributed fifty five dosage units of Lysergic Acid Diethylamide (980512), forfeiture of $617.00 pay per month for six months, confinement for five months, and a bad conduct discharge. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 970912    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 10Mos, 21Days includes 674 days of excess leave (990203-001207)
Total Service:  		2 Yrs, 10Mos, 21Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 19D10 Cavalry Scout   GT: 104   EDU: HS Grad   Overseas: No   Combat: No
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 October 1998, the applicant was found guilty by a special court-martial of wrongfully possessing and distributing fifty-five dosage units of Lysergic Acid Diethylamide (980512).  He was sentenced to be discharged with a Bad Conduct Discharge and confinement for six months.  On 1 October 1998, the sentence was adjudged.  The record of trial was forwarded to The Judge Advocate General of The Army for review by the Court of Military Review.  On 1 October 1998, The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 1 October 1998 the sentence having been affirmed pursuant to Article 112a 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 analyst found no mitigating factors that would warrant clemency.  There was full consideration of all faithful and honorable service as well as the incidents of misconduct.  The evidence of record indicates 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: ?????         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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 found no cause for clemency and therefore voted to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070018908
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