ARMY | DRB | CY2013 | AR20130000295
IN THE CASE OF: Mr. BOARD DATE: 17 April 2013 CASE NUMBER: AR20130000295 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. On 26 July 2006, the unit commander notified...
ARMY | DRB | CY2013 | AR20130000302
On 18 April 2012, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. The honorable characterization is appropriate when the quality of the members service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. The applicable Army...
ARMY | DRB | CY2013 | AR20130000308
Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 16 February 2007 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial, AR 635-200 Chapter 10, KFS, RE-4 e. Unit of assignment: HHC, 1st Bn, 21st IN, Schofield Barracks, HI f. Current Enlistment Date/Term: 28 December 2005, 3 years and 16 weeks g. Current Enlistment Service: 1 year, 1 month, 14 days h. Total Service: 1 year, 1 month, 14 days i. The honorable characterization is appropriate when the...
ARMY | DRB | CY2013 | AR20130000324
Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 15 July 2008 for a period of 5 years. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an...
ARMY | DRB | CY2013 | AR20130000332
It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct, with a characterization of service described as uncharacterized. The applicant contends the narrative reason for the discharge should be...
ARMY | DRB | CY2013 | AR20130000333
IN THE CASE OF: Ms. BOARD DATE: 3 May 2013 CASE NUMBER: AR20130000333 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. She was discharged as a PFC/E-3. EVIDENCE...
ARMY | DRB | CY2013 | AR20130000338
Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 24 April 2001 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial, Chapter 10, AR 635-200, KFS, RE-4 e. Unit of assignment: Headquarters Company, 10th Engineer Battalion, Fort Stewart, GA f. Current Enlistment Date/Term: 14 February 1997, 4 years g. Current Enlistment Service: 3 years, 3 months, 3 days h. Total Service: 5 years, 10 months, 22 days i. On 6 March 2001, the unit commander reviewed...
ARMY | DRB | CY2013 | AR20130000344
The service record indicates the applicant was adjudged guilty by a special court-martial and the sentence was approved by the convening authority and affirmed by The United States Army Court of Military Review. The Army Discharge Review Board does not have the authority to change the reason for the discharge when it is given as a result of a court-martial conviction. Further, the service record contains no evidence of PTSD or TBI diagnosis and the applicant submitted a doctors statement...
ARMY | DRB | CY2013 | AR20130000351
Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 9 November 2012 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, 14-12c JKQ, RE-3 e. Unit of assignment: HHC, 23d QM Brigade, Fort Lee, VA f. Enlistment Date/Term: 18 June 2012, 3 years and 23 weeks g. Current Enlistment Service: 4 months, 22 days h. Total Service: 4 months, 22 days i. The record shows that on 18 October 2012, the unit commander notified the applicant of initiation of...
ARMY | DRB | CY2013 | AR20130000366
IN THE CASE OF: BOARD DATE: 3 May 2013 CASE NUMBER: AR20130000366 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. On 19 July 2005, the separation authority waived...
ARMY | DRB | CY2013 | AR20130000402
On 1 September 2011, the separation authority directed the applicants discharge with a characterization of service listed as uncharacterized. The applicant was discharged from the Army on 5 December 2001, with a characterization of service as uncharacterized. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable.
ARMY | DRB | CY2013 | AR20130000417
The evidence contained in the applicants service record indicates that on 7 November 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, specifically for the following offense of wrongfully using marijuana. On 13 November 2002, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. ...
ARMY | DRB | CY2013 | AR20130000445
The evidence shows that on 7 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for commission of a serious offense, abuse of illegal drugs, specifically for wrongfully using marijuana. On 8 August 2007, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. The applicant...
ARMY | DRB | CY2013 | AR20130000472
Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. Based on the above misconduct the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. On 4 March 2011, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable...
ARMY | DRB | CY2013 | AR20130000478
The applicant requests his under other than honorable conditions discharge upgraded to general, under honorable conditions or to fully honorable and the reason for the discharge also changed. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 12 April 2007 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, 14-12c, JKQ, RE-3 e. Unit of assignment: A Battery, 1st Bn, 9th FA Rgt, Fort Stewart, GA f. Current Enlistment Date/Term: 24 July...
ARMY | DRB | CY2013 | AR20130000492
The unit commander recommended a general, under honorable conditions discharge and advised the applicant of her rights. The separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. However, after examining the applicants record of service, her military records and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the...
ARMY | DRB | CY2013 | AR20130000494
On 7 September 2004, the applicant again consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement on her behalf. The applicant was discharged from the Army on 30 September 2004, with a characterization of service of general, under honorable conditions...
ARMY | DRB | CY2013 | AR20130000495
The applicant requests an upgrade of his bad conduct discharge to a honorable characterization of service. He served in Italy and completed 6 years, 8 months, 2 days of creditable active duty service. The records show the proper discharge and separation authority procedures were followed in this case.
ARMY | DRB | CY2013 | AR20130000501
IN THE CASE OF: Mr. BOARD DATE: 15 July 2013 CASE NUMBER: AR20130000501 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony, and notwithstanding the Discussion and Recommendation which follows, the Board determined the characterization of service was improper. The separation authority waived further...
ARMY | DRB | CY2013 | AR20130000503
IN THE CASE OF: BOARD DATE: 5 June 2013 CASE NUMBER: AR20130000503 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is...
ARMY | DRB | CY2013 | AR20130000507
IN THE CASE OF: BOARD DATE: 3 May 2013 CASE NUMBER: AR20130000507 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. The evidence contained in the applicants service...
ARMY | DRB | CY2013 | AR20130000519
The separation authority waived further rehabilitation and directed the applicants discharge with an honorable separation of service. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. However, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or...
ARMY | DRB | CY2013 | AR20130000521
Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. On 1 May 2012, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12c(2), for misconduct (drug abuse), specifically for testing positive for spice. The separation authority directed the applicants discharge with a characterization of service of general,...
ARMY | DRB | CY2013 | AR20130000529
The evidence contained in the applicants service record indicates that on 23 January 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct. On 8 February 2012, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. On 19 April 2012, the separation authority...
ARMY | DRB | CY2013 | AR20130000535
Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 7 September 2011 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participation, AR 135-178, Chapter 13 e. Unit of assignment: 824th QM Co, Fort Bragg, NC f. Current Enlistment Date/Term: 14 July 2009, until completion of reserve/military service obligation of (130403) g. Current Enlistment Service: 2 years, 1 month, 24 days h. Total Service: 6 years, 5 months, 4 days i. The applicants service record shows that...
ARMY | DRB | CY2013 | AR20130000538
IN THE CASE OF: BOARD DATE: 1 May 2013 CASE NUMBER: AR20130000538 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. The applicant was informed in a memorandum that he...
ARMY | DRB | CY2013 | AR20130000539
The applicant requests his under other than honorable conditions discharge be upgraded to honorable. On 4 January 2002, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of UOTHC. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a discharge order, dated 8 February 2005, which discharged him from the USAR Control Group effective 8 February 2005 with an honorable discharge.
ARMY | DRB | CY2013 | AR20130000555
Prior Board Review: No SUMMARY OF SERVICE: The applicant's record shows he enlisted in the Regular Army on 22 May 1998 after serving 4 years, 1 month, and 29 days in the United States Army Reserves. On 21 May 2012, the separation authority approved the recommendation of the administrative separation board and directed the applicants discharge with a characterization of service of general, under honorable conditions. However, after examining the applicants record of service, his military...
ARMY | DRB | CY2013 | AR20130000581
The chain of command recommended approval of the resignation for the good of the Service with issuance of an under other than honorable conditions discharge. On 11 April 2012, the Deputy Assistant Secretary (DASA) (Army Review Boards) having reviewed the applicant's request for resignation for the good of the Service in lieu of general court-martial, accepted his resignation and directed the applicants discharge with a characterization of service of under other than honorable conditions. ...
ARMY | DRB | CY2013 | AR20130000583
On 24 April 1998, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. His record documents he served a tour in combat, showed acts of significant achievement and valor; however it did not support the issuance of a general, under honorable...
ARMY | DRB | CY2013 | AR20130000670
On 16 July 2002, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a copy of her honorable discharge certificate, dated 8 July 2008 and discharge orders, dated 8 July 2008, from the U.S. Army Reserve. Moreover, although she received an honorable discharge certificate in July 2008 for her service with the U.S. Army...
ARMY | DRB | CY2013 | AR20130000679
Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 18 December 2000 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial, AR 635-200, Chapter 10, KFS, RE-4 e. Unit of assignment: 1st AG Replacement Det, Camp Coiner, Korea f. Current Enlistment Date/Term: 29 September 1996, 4 years g. Current Enlistment Service: 2 years, 11 months, 25 days h. Total Service: 7 years, 2 months, 27 days i. Prior Board Review: No SUMMARY OF SERVICE: The record shows the...
ARMY | DRB | CY2013 | AR20130000683
Prior Board Review: No SUMMARY OF SERVICE: After serving in the Army National Guard and the Regular Army, the applicant reenlisted in the Regular Army on 2 October 2010, for a period of 5 years. The DD Form 214 also indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct (serious offense), with a characterization of service of general, under honorable conditions. By regulation, a UOTHC discharge is normally appropriate...
ARMY | DRB | CY2013 | AR20130000686
Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct (serious offense), with a characterization of service of general, under honorable conditions. There is no evidence in the record, nor has the...
ARMY | DRB | CY2013 | AR20130000687
Special Court-Martial Order, sentence adjudged on 14 November 2001, the applicant was credited with 1 day of confinement towards his sentence. The applicants statements alone do not overcome the presumption of government regularity in this case and the application contains no documentation or further evidence in support of this request for clemency. Therefore, based on the available evidence and the presumption of government regularity, it appears the characterization of service is proper...
ARMY | DRB | CY2013 | AR20130000688
The applicant states, in effect, that he was informed that after 6 months he could apply for an upgrade in order to receive Veterans benefits. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of his rights. On 7 June 2012, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2013 | AR20130000689
The service record shows the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for the commission of serious offenses, specifically for: a. received an Article 15 on 20 January 2005 for wrongfully using marijuana b. was convicted by a summary court-martial on 25 February 2005 for wrongfully using marijuana. On 10 March 2005, the separation authority waived further rehabilitation and directed the...
ARMY | DRB | CY2013 | AR20130000697
IN THE CASE OF: BOARD DATE: 8 May 2013 CASE NUMBER: AR20130000697 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicants record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board found no cause for clemency and voted to deny relief. The service record indicates the applicant was adjudged guilty by a...
ARMY | DRB | CY2013 | AR20130000698
On 2 March 2012, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. However, after examining the applicants record of service, his military records, the documents and the issues submitted with the application, there are insufficient...
ARMY | DRB | CY2013 | AR20130000715
Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 3 August 2011 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, 14-12c, JKQ, RE-3 e. Unit of assignment: Warrior Transition Unit, United States Army Medical Department Activity, Fort Polk, LA f. Enlistment Date/Term: 16 September 2008, 6 years and 18 weeks g. Current Enlistment Service: 2 years, 10 months, 17 days h. Total Service: 3 years, 09 month, 12 days i. The record shows that on 24 May...
ARMY | DRB | CY2013 | AR20130000717
IN THE CASE OF: Ms. BOARD DATE: 22 May 2013 CASE NUMBER: AR20130000717 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. The characterization of service for Soldiers...
ARMY | DRB | CY2013 | AR20130000719
On 12 November 2009, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. The applicant contends his discharge was based on a one time incident, that he had good service to include his 17-month deployment to Iraq and deserves an honorable characterization of service. Furthermore, by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of misconduct.
ARMY | DRB | CY2013 | AR20130000736
Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. On 29 March 2012, the separation authority reviewed and directed the applicants discharge with a characterization of service of general, under honorable conditions. However, after examining the applicants record of service, his military records, the documents and the issues submitted with the application, there are...
ARMY | DRB | CY2013 | AR20130000747
Based on the above misconduct, the commander recommended a general, under honorable conditions discharge. On 2 May 2011, the separation authority approved the applicants discharge with a characterization of service of general, under honorable conditions. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.
ARMY | DRB | CY2013 | AR20130000751
On 4 February 2012, the separation authority approved the recommendation of the administrative separation board and directed the applicants discharge with a characterization of service of honorable. However, the evidence of record shows the administrative separation board did determine a preponderance of the evidence did support the allegation that, between on or about 15 October 2011, the applicant wrongfully introduced methandienone while receiving special pay. The applicant contends he...
ARMY | DRB | CY2013 | AR20130000753
Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 9 February 2011 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200 paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: RD, 1st Bn, 66th AR Regiment, Fort Carson, CO f. Enlistment Date/Term: 9 July 2010, 4 years, 17 weeks g. Current Enlistment Service: 7 months, 1 day h. Total Service: 4 years, 11 months, 24 days i. The service record shows that on 21 January 2011, the unit commander notified the...
ARMY | DRB | CY2013 | AR20130000758
The evidence contained in the applicants record indicates that on 2 November 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental condition, not a disability, specifically for having been diagnosed by competent medical authority with adjustment disorder with mixed anxiety and depression, which was incompatible with military service. On 19 November...
ARMY | DRB | CY2013 | AR20130000760
The service record shows the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for the commission of a serious offense; specifically for wrongfully using cocaine. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. The record does not contain any indication or evidence of arbitrary or capricious...
ARMY | DRB | CY2013 | AR20130000761
He earned an AAM and an AGCM, and completed a total 3 years, 10 months, and 17 days of active duty service. On 23 May 2012, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, Commission of a Serious Offense. After examining the applicants record of service, his available military records, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the...
ARMY | DRB | CY2013 | AR20130000772
IN THE CASE OF: Mr. BOARD DATE: 15 July 2013 CASE NUMBER: AR20130000772 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony and considering the Discussion and Recommendation which follows, the Board determined the characterization of service was too harsh based on the overall length and quality of the...