ARMY | DRB | CY2007 | AR20070002607aC071031
Facts and Circumstances: Evidence of record shows that on 17 December 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—pattern of misconduct (was not at his place of duty at the time prescribed on 23 September 2001, disrespectful to an disobeyed a superior noncommissioned officer on 10 August 2001, 13 August 2001, 23 September 2002, and 26 September 2002, with the intent to deceive made...
ARMY | DRB | CY2007 | AR20070002744aC071031
On 23 May 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of an under other than honorable conditions. 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 does not condone the applicant’s...
ARMY | DRB | CY2007 | AR20070003084aC071031
Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must...
ARMY | DRB | CY2007 | AR20070003088aC071031
Were Proper Discharge and Separation Authority procedures followed? Current ENL Service: 02 Yrs, 06Mos, 22Days (Item 12c "Net Active Service This Period" of the applicant's DD Form 214 incorrectly reads as 2 years, 7 months, and 3 days, should read 2 years, 6 months, and 22 days). 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...
ARMY | DRB | CY2007 | AR20070003097
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 10 May 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review...
ARMY | DRB | CY2007 | AR20070003097aC071031
Facts and Circumstances: Evidence of record shows that on 26 April 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (received a Field Grade Article 15 for wrongful use of marijuana, on or between (051016-051116), and received a Field Grade Article 15 for failing to obey a lawful order from a NCO and disrespecting a NCO), with a general, under honorable...
ARMY | DRB | CY2007 | AR20070003166
c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records for the period of enlistment under review, and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service to fully honorable and a change to the narrative reason for discharge to current standards "misconduct". Board Discussion, Determination, and Recommendation After carefully examining the...
ARMY | DRB | CY2007 | AR20070003166aC071031
On 3 August 1993, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records for the period of enlistment under review, and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's...
ARMY | DRB | CY2007 | AR20070003250
Current ENL Service: 1 Yrs, 5 Mos, 2 Days ????? On 3 February 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Discussion, Determination, and Recommendation The President, on the motion of the Army Discharge Review Board, reconsidered the applicant's record of service during the period of enlistment under review.
ARMY | DRB | CY2007 | AR20070003250aC071031
On 3 February 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Discussion, Determination, and Recommendation The President, on the motion of the Army Discharge Review Board, reconsidered the applicant's record of service during the period of enlistment under review. After carefully examining the applicant’s record of service, the new...
ARMY | DRB | CY2007 | AR20070003502aC071031
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting documents. On 16 October 2005, the separation authority accepted the applicant's conditional waiver, waived further rehabilitative efforts and directed that the applicant be discharged from the US Army Reserve with a characterization of service of general, under honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the...
ARMY | DRB | CY2007 | AR20070003542
On 10 February 1994, the separation authority approved the discharge with an under other than honorable conditions discharge. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. It is also noted that the characterization of service for this type of discharge is...
ARMY | DRB | CY2007 | AR20070003542aC071031
On 10 February 1994, the separation authority approved the discharge with an under other than honorable conditions discharge. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. It is also noted that the characterization of service for this type of discharge is...
ARMY | DRB | CY2007 | AR20070003557aC071031
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 10 April 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. The applicant was subsequently heard by the Army Discharge Review Board on (041013), and his characterization of...
ARMY | DRB | CY2007 | AR20070003561
Current ENL Service: 3 Yrs, 1 Mos, 24 Days ????? The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 3 March 2004, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2007 | AR20070003561aC071031
The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 3 March 2004, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, and...
ARMY | DRB | CY2007 | AR20070003642
Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Army Regulation 635-200, provides that a Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review...
ARMY | DRB | CY2007 | AR20070003642aC071031
Facts and Circumstances: The evidence of record shows that on 5 November 1997, after careful consideration of medical records, laboratory findings, and medical examinations, the Physical Evaluation Board (EPSB) found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the conditions(s) existed prior to service. Legal Basis for Separation: Army Regulation 635-200 provides the basic...
ARMY | DRB | CY2007 | AR20070003863
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 11 September...
ARMY | DRB | CY2007 | AR20070003863aC071121
Were Proper Discharge and Separation Authority procedures followed? The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.
ARMY | DRB | CY2007 | AR20070004133aC071121
c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records for the period of enlistment under review and the issue he submitted, the analyst recommends that relief be denied in this case. 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,...
ARMY | DRB | CY2007 | AR20070004136aC071121
The Ad Hoc Review Board met, and on 6 September 2005, the Deputy Assistant Secretary (Army Review Boards) accepted the applicant resignation in lieu of elimination, approved the recommendation of the Army Ad Hoc Review Board, and directed that he be discharged from the U.S. Army with a characterization of service of under other than honorable conditions. The applicant's DD form 214 (Certificate of Release or Discharge from Active Duty) indicates that the applicant was discharged under...
ARMY | DRB | CY2007 | AR20070004168aC071121
Facts and Circumstances: Evidence of record shows that on 17 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (wrongful use of tetrahydrocannabinol (THC) between on or about 21 April 2005 and 21 May 2005, and assault with a dangerous weapon on or about 15 October 2004), with a general, under honorable conditions discharge. The applicant consulted...
ARMY | DRB | CY2007 | AR20070004173aC071121
Facts and Circumstances: Evidence of record shows that on 21 June 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (you were arrested for driving while under the influence of alcohol on 27 July 2000 and 29 July 2001, and on 27 April 2002, you were arrested off post for disturbing the peace), with a general, under honorable conditions discharge. On 26 June...
ARMY | DRB | CY2007 | AR20070004188
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 28 May 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review...
ARMY | DRB | CY2007 | AR20070004188aC071121
Evidence of record shows that on 22 May 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—abuse of illegal drugs (tested positive for marijuana on 4 January 2002 and 17 December 2001), with a general, under honorable conditions discharge. The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. On 28 May...
ARMY | DRB | CY2007 | AR20070004328aC071121
On 20 April 2005, the separation authority approved the discharge with an under other than honorable conditions discharge. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge.
ARMY | DRB | CY2007 | AR20070004571aC071121
On 10 February 1997, the United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. 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. ...
ARMY | DRB | CY2007 | AR20070004594aC071121
Facts and Circumstances: Evidence of record shows that on 22 December 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of a serious offense (going AWOL from on or about 21 June 1999 to on or about 16 July 1999, 7 October 1999 to on about 12 October 1999, and 24 October 1999 to on or about 16 November 1999), with an under other than honorable conditions discharge. The...
ARMY | DRB | CY2007 | AR20070004844aC071121
Were Proper Discharge and Separation Authority procedures followed? That NGB Form 212 indicates the applicant was discharged under the provisions of Paragraph 8-26e, NGR 600- 200, by reason of conviction by civil court with a characterization of service of general,under honorable conditions, and a reenlistment eligibility (RE) Code of "3." Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
ARMY | DRB | CY2007 | AR20070004887aC071121
On 19 April 1996, the separation authority approved the discharge with an under other than honorable conditions discharge. Yes No Counsel: Witnesses/Observers: Exhibits Submitted: VIII. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: Lieutenant Colonel, U.S. Army Chief, Secretary Recorder
ARMY | DRB | CY2007 | AR20070004894aC071121
Facts, Circumstances, and Legal Basis for Separation a. His DD Form 214 indicates that he was discharged under the provisions of AR 635-200, Chapter 5-17, by reason of physical condition, not a disability, with a general, under honorable conditions discharge and a reentry eligibility (RE) code of "3." 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...
ARMY | DRB | CY2007 | AR20070004895aC071121
Facts and Circumstances: The evidence of record shows that on 8 July 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance (receiving three Article 15s for the following offenses; disobeying a lawful command from a drill sergeant on13 April 2003; failure to be at his appointed place of duty 6 May 2003, and failure to be at his appointed place of duty 14, 16, 24 and 27 May...
ARMY | DRB | CY2007 | AR20070004912
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 and attached documents (30) submitted by the applicant. Original Character of Discharge Unit CDR Recommended Discharge: Date: 070301 Discharge Received: Date: 070308 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: HQ & HQ Company, 12th Combat Aviation Brigade Bldg 5850, Ketterbach Kaserne, Germany. Board Discussion, Determination, and...
ARMY | DRB | CY2007 | AR20070004916aC071121
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's DD Form 293. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of this prior to requesting discharge. 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...
ARMY | DRB | CY2007 | AR20070004938
Current ENL Service: 3 Yrs, 2 Mos, 0 Days ????? Facts and Circumstances: Evidence of record shows that on 2 December 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense in that you wrongfully used marijuana, a controlled substance, with a general, under honorable conditions discharge. On 5 January 2004, the separation authority waived further rehabilitative...
ARMY | DRB | CY2007 | AR20070004977
Facts and Circumstances: Evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 15, AR 635-200, by reason of homosexual admission with a characterization of service of honorable. Subsequent to the applicant's admission, the unit commander appropriately initiated discharge proceedings under the provisions of Chapter 15, AR 635-200, by reason of homosexual admission, with a characterization of service of...
ARMY | DRB | CY2007 | AR20070005168
Facts and Circumstances: Evidence of record shows that on 7 March 200310, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense (for being AWOL, and illegal drug use), with a general, under honorable conditions discharge. On 19 March 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a...
ARMY | DRB | CY2007 | AR20070005168aC071121
Facts and Circumstances: Evidence of record shows that on 7 March 200310, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (for being AWOL, and illegal drug use), with a general, under honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. ...
ARMY | DRB | CY2007 | AR20070005183
Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. ...
ARMY | DRB | CY2007 | AR20070005183aC071121
Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. Board...
ARMY | DRB | CY2007 | AR20070005244
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with attached enclosures II. Current ENL Service: 0 Yrs, 11 Mos, 5 Days ????? The analyst found that the applicant's new, substantial and relevant evidence ( i.e. legal documentation and character references attached to his issues) to include his post-service accomplishments was of sufficient merit to recommend to the Board to further upgrade the applicant's characterization of service to fully...
ARMY | DRB | CY2007 | AR20070005244aC071121
Subsequently, the applicant's case was heard by the Army Discharge Review Board, at a personal appearance hearing in Los Angeles, CA, and was upgraded to General, Under Honorable Conditions, and his narrative reason changed to Secretarial Authority under Chapter 5, AR 635-200, on 8 April 2003. b. The analyst found that the applicant's new, substantial and relevant evidence ( i.e. legal documentation and character references attached to his issues) to include his post-service accomplishments...
ARMY | DRB | CY2007 | AR20070005490aC071121
On 11 October 2000, the separation authority approved the discharge with an under other than honorable conditions discharge. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service...
ARMY | DRB | CY2007 | AR20070005516aC071121
The regulation also directs that: commanders will not take action prescribed in this chapter in lieu of disciplinary action; requires that the diagnosis concludes the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired; and states that separation for personality disorder is not appropriate when separation is warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army Regulation 604-10 or Army Regulation 635-40. c. Response...
ARMY | DRB | CY2007 | AR20070005561
Current ENL Service: 02 Yrs, 04 Mos, 10 Days ????? Facts and Circumstances: Evidence of record shows that on 9 December 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense (A CID investigation revealed that on 12 June 2003, you participated in the wrongful physical abuse of civilian detainees, and failed to stop other members of your squad from doing the...
ARMY | DRB | CY2007 | AR20070005561aC071121
Facts and Circumstances: Evidence of record shows that on 9 December 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (A CID investigation revealed that on 12 June 2003, you participated in the wrongful physical abuse of civilian detainees, and failed to stop other members of your squad from doing the same), with an under other than honorable conditions...
ARMY | DRB | CY2007 | AR20070005649aC071121
Facts and Circumstances: The evidence of record shows that on 3 June 1992, after careful consideration of medical records, laboratory findings, and medical examinations, the Medical Evaluation Board Proceedings (MEBP) found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the conditions existed prior to service. The separation authority approved the separation action and directed that...
ARMY | DRB | CY2007 | AR20070006164aC071121
This document indicates that the applicant was discharged under the provisions of Paragraph 8-26q, NGR 600-200, by reason of acts or patterns of misconduct with a characterization of service of general, under honorable conditions, with a reenlistment eligibility (RE) code of "3". c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records for the period of enlistment under review, the issue and documents he submitted, the...
ARMY | DRB | CY2007 | AR20070006168
Application Receipt Date: 070425 Prior Review Prior Review Date: None I. Facts and Circumstances: Evidence of record shows that on 24 July 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense in that you were absent without leave from (020422-020519), with a general, under honorable conditions discharge. On 31 July 2002, the separation authority waived...