ARMY | DRB | CY2013 | AR20130014667
IN THE CASE OF: Ms. BOARD DATE: 9 May 2014 CASE NUMBER: AR20130014667 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review and considering the examiners Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Discharge Received: Under Other Than...
ARMY | DRB | CY2013 | AR20130014670
Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 27 July 2009 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial, Chapter 10, KFS RE-4 e. Unit of assignment: D Co, 232d Med Bn, Fort Sam Houston, TX f. Current Enlistment Date/Term: 25 September 2008, 4 years g. Current Enlistment Service: 7 months, 22 days h. Total Service: 1 year, 1 month, 19 days i. On 9 July 2009, the separation authority approved the Chapter 10 request and directed the...
ARMY | DRB | CY2013 | AR20130014680
IN THE CASE OF: Mr. BOARD DATE: 7 May 2014 CASE NUMBER: AR20130014680 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the examiners Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. AR 635-200, paragraph 5-1, states...
ARMY | DRB | CY2013 | AR20130014687
When his discharge proceedings were initiated, he was serving at Fort Hood, Texas. The Board recommended elimination from military service with a general, under honorable conditions discharge. AR 600-8-24, paragraph 1-22a, provides that an officer will normally receive an honorable characterization of service when the quality of the officers service has met the standards of acceptable conduct and performance of duty.
ARMY | DRB | CY2013 | AR20130014703
The evidence of record indicates that on 18 May 2011, the applicant was command-referred to the Army Drug and Alcohol Prevention Training. On 22 July 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9-2, AR 635-200, by reason of alcohol rehabilitation failure because it was determined further rehabilitative efforts/attempts were not practical, that he received a FG Article 15 (110526) for a previous wrongful overindulgence of...
ARMY | DRB | CY2013 | AR20130014706
The separation authority, waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions under the provisions of AR 635-200, paragraph 14-12c, for commission of a serious offense. EVIDENCE SUBMITTED BY THE APPLICANT The applicant provided a DD Form 293, DD Form 214, part of the Article 15, and the commanders recommendation memorandum. The DD Form 214 indicates that the applicant was discharged under the...
ARMY | DRB | CY2013 | AR20130014707
After carefully examining the applicant's record of service during the period of enlistment under review and considering the examiners Discussion and Recommendation which follows, the Board determined the discharge to be both proper and equitable and voted to deny relief. The DD Form 214 indicates that on 2 September 2010, the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the Service in lieu of trial by court-martial with a characterization of...
ARMY | DRB | CY2013 | AR20130014708
Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 12 June 2012, for a period of 5 years. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable. Army Regulation 635-200 states 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.
ARMY | DRB | CY2013 | AR20130014709
On 11 April 2013, 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 marijuana (130220). On an unknown date, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. The applicable Army regulation states there are circumstances in which...
ARMY | DRB | CY2013 | AR20130014710
On 15 March 2011, the separation authority directed the applicants discharge with a characterization of service of general, under honorable conditions. It further states that 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. Therefore, the characterization not being proper and equitable, recommend the Board grant full relief in the form of an...
ARMY | DRB | CY2013 | AR20130014713
The evidence contained in the applicants service record indicates that on 5 October 2009, 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 (serious offense) for testing positive on a urinalysis for marijuana (090709). On 18 November 2009, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of...
ARMY | DRB | CY2013 | AR20130014722
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. The record shows that on 8 March 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), specifically for being a deserter from on or about 30 June 2001 until on or about 20 December 2001. On 8 March...
ARMY | DRB | CY2013 | AR20130014729
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 15 October 1999, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable...
ARMY | DRB | CY2013 | AR20130014740
On 16 May 2011, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason a pattern of misconduct; specifically for: a. receiving two Articles 15 for being disrespectful to a noncommissioned officers (NCOs), (090312 and 100310), b. failing to report to his appointed place of duty on five occasions (100222, 100928, 101026, 110125, and 110301), and c. failing to obey a lawful general order...
ARMY | DRB | CY2013 | AR20130014761
Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 23 January 2001 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: 24th Ordnance Company, Hunter Army Air Field, GA f. Current Enlistment Date/Term: 2 September 1998, 3 years g. Current Enlistment Service: 2 years, 3 months, 7 days h. Total Service: 2 years, 3 months, 7 days i. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided...
ARMY | DRB | CY2013 | AR20130014763
On 29 June 2007, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. 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. However, after examining the applicants record of service, her military records, and the issues submitted...
ARMY | DRB | CY2013 | AR20130014765
On 27 July 2012, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. The applicant contends that she was young and not ready to serve her country at the time of the discharge. However, in review of the applicants entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of...
ARMY | DRB | CY2013 | AR20130014769
The record indicates that on 26 August 2011, Department of the Army, Headquarters, 99th Regional Support Command, Fort Dix, NJ, Orders 11-238-00020, discharged the applicant from the United States Army Reserve, effective 26 September 2011, with an under other than honorable conditions discharge. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. SUMMARY OF ARMY DISCHARGE REVIEW BOARD...
ARMY | DRB | CY2013 | AR20130014781
Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 3 June 2011 d. Reason/Authority/SPD/RE Code: Unsatisfactory Performance, AR 635-200, Chapter 13, JHJ, RE-3 e. Unit of assignment: C Co, 169th Bn TR, U.S. Army Maneuver Support Center of Excellence, Fort Leonard Wood, MO / C Co, 169th Engr Bn, 1st Engr Bde, Gulfport, MS f. Current Enlistment Date/Term: 6 September 2010, IADT (USAR, 8 years) g. Current Enlistment Service: 0 years, 8 months, 28 days h. Total Service:...
ARMY | DRB | CY2013 | AR20130014792
The applicant requests his general, under honorable conditions discharge be upgraded to honorable. On 6 April 2011, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his court-martial was dismissed.
ARMY | DRB | CY2013 | AR20130014875
The DD Form 214 indicates that on 25 April 2013, the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200, for pattern of misconduct, with a characterization of service of general, under honorable conditions. A characterization of under honorable conditions may be issued only when the reason for the Soldiers separation specifically allows such characterization. The DD Form 214 also indicates the applicant was discharged under the provisions of Chapter...
ARMY | DRB | CY2013 | AR20130014951
Prior Board Review: No SUMMARY OF SERVICE: The applicant's record shows he enlisted in the ARNG on 17 September 1999 for a period of eight years. On 4 March 2003, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of a pattern of misconduct; specifically for his numerous acts of misconduct. On 13 March 2003, the separation authority, waived further rehabilitation and directed the...
ARMY | DRB | CY2013 | AR20130014959
The applicant requests his under other than honorable conditions discharge be upgraded to general, under honorable conditions. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 6 February 2002 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial, AR 635-200, Chapter 10, KFS, RE-3 e. Unit of assignment: C Company, 1/24th Infantry, Fort Lewis, WA f. Enlistment Date/Term: RA,16 October 2000, 3 years g. Current Enlistment Service: 1 year, 1 month, 1...
ARMY | DRB | CY2013 | AR20130014963
Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 28 February 2011 d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200, 14-12c(2) JKK, RE-4 e. Unit of assignment: Bravo Company, 1st Battalion, 508th Parachute Infantry Regiment, 4th Brigade Combat Team, 82nd Airborne Division, Fort Bragg, NC f. Current Enlistment Date/Term: 24 January 2009, 3 years g. Current Enlistment Service: 2 years,1 month, 4 days h. Total Service: 4 years, 1 month, 20 days i. On...
ARMY | DRB | CY2013 | AR20130014980
On 2 May 2003, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. 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. However, after examining the applicants record of service, his military records, and the issues submitted...
ARMY | DRB | CY2013 | AR20130014989
d. On 23 March 2011, the applicant again waived his Article 31 rights and denied possessing, using, or smoking spice. On 26 June 2011, the separation authority waived further rehabilitation and directed 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 | AR20130014997
Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 8 May 2000 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participation, NGR 600-200, Chapter 8, paragraph 26k, NA, RE-3 e. Unit of assignment: 29th Military Police Company, Pikesville, MD f. Current Enlistment Date/Term: NIF g. Current Enlistment Service: NIF h. Total Service: 5 years, 11 months, 29 days i. The applicant provided documentation from the Deputy G-1, Maryland Army National Guard, that indicates...
ARMY | DRB | CY2013 | AR20130015097
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 25 January 2008, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12c, specifically for the commission of the following serious offenses: a. Wrongfully disobeyed a lawful order b. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1.
ARMY | DRB | CY2013 | AR20130015112
The record contains a properly constituted order which indicates the applicant was discharged under the provisions of paragraph 13-1, AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions. The applicant's contentions about the proper procedure were not followed in the process of his discharge; he never received notice of his discharge from the reserve unit; he has requested information from the unit and also from...
ARMY | DRB | CY2013 | AR20130015115
The unit commander recommended a general, under honorable conditions discharge and advised the applicant of her rights. The applicant was discharged as a SPC/E-4 6. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization.
ARMY | DRB | CY2013 | AR20130015118
On 12 December 2012, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. The applicant contends her discharge should be upgraded because her mistakes were very minor; both her company and battalion commanders recommended her for an honorable discharge; and that she was having adjustment issues due to her medical conditions. The applicant contends her immediate commanders...
ARMY | DRB | CY2013 | AR20130015128
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 5 July 2007, the separation authority directed the applicants discharge with a characterization of service of general, under honorable conditions. The applicant was discharged from the Army on 31 August 2007, with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2013 | AR20130015131
Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 26 August 2009, for a period of 3 years and 16 weeks. On 9 December 2011, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or...
ARMY | DRB | CY2013 | AR20130015134
The applicant states, in effect, she was separated for receiving two Article 15s and the misconduct outlined in the non-judicial punishment actions does not indicate a pattern of misconduct. On 17 October 2012, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12b, pattern of misconduct. Multiple counseling statements dated between 24 September 2010 and 28 August 2012 documenting a combination of misconduct in the form of...
ARMY | DRB | CY2013 | AR20130015136
On 6 November 2006, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200 , Chapter 14-12b, for a pattern of misconduct. On 20 November 2006, the separation authority waived further rehabilitation efforts and directed the applicants discharge with a characterization of service of general, under honorable conditions. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 7 August 2013, a DD Form 214, a...
ARMY | DRB | CY2013 | AR20130015188
On 30 January 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his 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 his behalf. On 10 February 2009, the separation authority approved the conditional waiver request, waived further rehabilitation, and directed the...
ARMY | DRB | CY2013 | AR20130015192
Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 2 February 2011 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: C Co, 225th BSB, 25th ID, Schofield Barracks, HI f. Current Enlistment Date/Term: 17 December 2008, 4 years g. Current Enlistment Service: 2 years, 1month, 16 days h. Total Service: 4 Years, 8 months, 16 days i. Prior Board Review: No SUMMARY OF SERVICE: The record shows...
ARMY | DRB | CY2013 | AR20130015238
He was separated as a PFC/E-3. A characterization of under honorable conditions may be issued only when the reason for the Soldiers separation specifically allows such characterization. Although the provisions under which the applicant was discharged are not included on the State Director of VA constituted DD Form 214, it does indicate he was discharged by reason of misconduct with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2013 | AR20130015398
The applicant requests to upgrade the characterization of his service from general, under honorable conditions to fully honorable, and to change the narrative reason for his discharge and reentry code. 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, this issue is not a matter upon which the Army...
ARMY | DRB | CY2013 | AR20130015407
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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. If the applicant desires a personal appearance hearing, it will be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge...
ARMY | DRB | CY2013 | AR20130015411
The evidence contained in the applicants service record indicates that on 27 March 2002, 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-commission of a serious offense. On 9 April 2002, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. The applicant is...
ARMY | DRB | CY2013 | AR20130015412
On 7 May 2012, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct, commission of a serious offense; specifically for being cited for driving under the influence (DUI), reckless driving, and super speeding. The separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable...
ARMY | DRB | CY2013 | AR20130015415
On 23 July 2012, the separation authority, waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. Army Regulation 635-5-1 (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. The record confirms that the applicants discharge was appropriate because...
ARMY | DRB | CY2013 | AR20130015418
Counsel requests an upgrade of the applicants under other than honorable conditions discharge, a change to the narrative reason for discharge, and restoration of the applicants rank. Counsel provided evidence that indicates on 18 September 2006, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions. The applicant was discharged from the Army on 7 October 2006, with a characterization...
ARMY | DRB | CY2013 | AR20130015438
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 was discharged from the Army on 17 August 2007, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), a Separation Program Designator code (SPD) of JKQ and an RE code of 3. ...
ARMY | DRB | CY2013 | AR20130015447
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. The DD Form 214 also indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12a by reason of misconduct (minor infractions), with a characterization of service of general, under honorable conditions. No Counsel:...
ARMY | DRB | CY2013 | AR20130015449
The evidence contained in the applicants service record indicates on 23 October 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs for wrongfully using marijuana (120603-120703). On 27 November 2012, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under...
ARMY | DRB | CY2013 | AR20130015467
On 19 January 2012, the separation authority waived further rehabilitation efforts and directed the applicants discharge with a characterization of service of general, under honorable conditions. The evidence of record confirms that the applicant consulted with legal counsel and did not request consideration of his case by an administrative separation board however, the applicant had over 6 years of total active and reserve military service at the time of initiation of separation action. ...
ARMY | DRB | CY2013 | AR20130015507
On 9 April 2009, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c(2), for misconduct (drug abuse). 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 applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a...
ARMY | DRB | CY2013 | AR20130015509
Based on the above misconduct, the commander recommended an under other than honorable conditions discharge. DD Form 2329 (Record of Trial by Summary Court-Martial), dated 7 June 2007, shows the applicant participated in proceedings where he pleaded and was found guilty of being AWOL from 9 March 2007 until 13 March 2007, and from 17 April 2007 until 22 May 2007; for failing to go to his appointed place of duty on 31 January 2007 until 8 March 2007, and on 7 March 2007; for being...