Applicant Name: ????? Application Receipt Date: 2010/04/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he wants to finish his career in the military. 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: NA Discharge Received: Date: 960701 Chapter: 3 AR: 635-200 Reason: Court Martial RE: SPD: JJD Unit/Location: B Company, 2nd Battalion, 16th Infantry Regiment, Fort Riley, KS Time Lost: Military confinement from (950504-950930) for 159 days; as a part of the punishment imposed from his special court martial. Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): 950504, Special Court Martial for wrongfully distributing marijuana on or about (940901). He was sentenced to be reduced to the grade of Private (E-1), discharged with a bad conduct discharge, confinement for 5 months and to forfeite two-thirds pay ($727.00) for five months. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 921014 Current ENL Term: 3 Years ????? Current ENL Service: 3 Yrs, 8 Mos, 18 Days ????? Total Service: 5 Yrs, 5 Mos, 21 Days ????? Previous Discharges: USAR 910110-921013/NA Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 11H10 Heavy Anti-Armor Weapons Infantryman GT: NIF EDU: HS Grad Overseas: NIF Combat: NIF Decorations/Awards: NIF V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 4 May 1995, the applicant was found guilty by a special court-martial for wrongfully distributing marijuana on or about (940901). He was sentenced to be reduced to the grade of Private (E-1), discharged with a bad conduct discharge, confinement for 5 months and to forfeite two-thirds pay for five months. On 5 July 1995, 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. The United States Army Court of Military Review documentation affirming the approved findings of guilty and the sentence are not part of the available record and the analyst presumed government regularity in the discharge process. On 23 August 1995, DA, HQ, 1st Infantry Division (Mech), Fort Riley, KS, CPT, JA, Chief, Criminal Law Division, withdrew so much of the sentence extending to forfeiture of $727.00 pay per month for months and changed it to forfeiture of $569.00 pay per month for 5 months. On 30 May 1996, 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 issue submitted with the application, 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 incident of misconduct. The evidence of record indicates 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. The analyst noted the applicant's issue that he would like to finish his career in the military. However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. After a thorough review of the applicant’s records and the issue submitted with the application, the analyst found no cause for clemency and therefore recommends to the Board to deny clemency. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 19 January 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 9 April 2010. 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 X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100014345 ______________________________________________________________________________ Page 1 of 3 pages