ARMY | DRB | CY2015 | AR20150000435
IN THE CASE OF: BOARD DATE: 23 March 2015 CASE NUMBER: AR20150000435 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's 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 too harsh based on the applicants quality of his...
ARMY | DRB | CY2015 | AR20150000441
IN THE CASE OF: BOARD DATE: 9 March 2015 CASE NUMBER: AR20150000441 ___________________________________________________________________________ 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...
ARMY | DRB | CY2015 | AR20150000452
Date Received: 29 December 2014 c. Counsel: Yes 2. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Change Characterization to: No Change c. Change Reason to: No Change d. SPD/RE Code Change to: No Change e. Restoration to Grade: NA Authenticating Official: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not...
ARMY | DRB | CY2015 | AR20150000453
On 29 April 2014, 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. BOARD DETERMINATION AND...
ARMY | DRB | CY2015 | AR20150000454
The evidence contained in the applicants service record indicates on 7 January 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for receiving two Field Grade Article's 15, one vacation of suspension, and multiple negative counseling statements. On 22 January 2010, the separation authority waived further rehabilitation and directed the applicants discharge...
ARMY | DRB | CY2015 | AR20150000502
Two negative counseling statement dated 24 February 2013 and 12 March 2013, for DUI with a BAC of .077 and notification of separation action under the provisions of Chapter 14. i. The record confirms that the applicants discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. The applicant also contends hes having issues enrolling for education benefits.
ARMY | DRB | CY2015 | AR20150000577
The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable. The evidence contained in the applicants service record indicates that on 2 October 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct. On 17 October 2001, it appears the separation authority waived further rehabilitation and directed the applicants...
ARMY | DRB | CY2015 | AR20150000578
The evidence contained in the applicants service record indicates on 16 August 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12a, AR 635-200, by reason of a pattern of minor disciplinary infractions. 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...
ARMY | DRB | CY2015 | AR20150000689
The DD Form 214 indicates that on 24 November 2013, the applicant was discharged under the provisions of Chapter 14, AR 635-200, for misconduct (serious offense), with a characterization of service of general, under honorable conditions. After examining the applicants record of service, his military records, and the documents and issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following...
ARMY | DRB | CY2015 | AR20150000965
Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions and change the narrative reason for separation to misconduct (minor infractions), AR 635-200, paragraph 14-12a, with a corresponding separation code of JKN and a reentry code of 3. (Board member names available upon request.) Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or...
ARMY | DRB | CY2015 | AR20150001024
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 honorable discharge shall be treated as a request for a change to an honorable discharge, unless the applicant requests a specific change to another character of discharge. However, the Army Discharge Review Board considered the applicant for a possible...
ARMY | DRB | CY2015 | AR20150001166
Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 25 July 2014 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: HQ, 4th BCD, 3rd Army/USARCENT, Shaw Air Force Base, SC f. Current Enlistment Date/Term: 4 November 2008, 5 years (The applicant extended his enlistment 15 months 1 August 2012, which changed his ETS date to 3 February 2015) g. Current Enlistment Service: 6 years, 13 days h....
ARMY | DRB | CY2015 | AR20150001285
Date Received: 23 January 2015 c. Counsel: None 2. Date of Discharge: 7 October 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 March 2012 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge: Being absent from at least nine Army Reserve training assemblies within a one year period and failing to provide a valid reason for his absence, and Failing to attend at least nine MUTA Battle Assemblies during the last 12...
ARMY | DRB | CY2015 | AR20150001496
Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 12 June 2012 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: HQ Det, USA Fires COE, Fort Sill, OK f. Current Enlistment Date/Term: 2 August 2005, Indefinite g. Current Enlistment Service: 6 years, 10 months, 11 days h. Total Service: 24 years, 1 month, 11 days i. Prior Board Review: No SUMMARY OF SERVICE: The evidence of record shows the...
ARMY | DRB | CY2015 | AR20150001573
REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her uncharacterized discharge to honorable. DISCUSSION OF ISSUE(S): The applicant requests an upgrade of her uncharacterized discharge to honorable. The applicants service was uncharacterized because she was in entry-level status, she had less than 180 days of continuous active duty service; and there were no unusual circumstances present in the applicants record and her service did not warrant an...
ARMY | DRB | CY2015 | AR20150001587
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 narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct," and the separation code is "JGA." However, in review of the applicants available service record and the reasons for the discharge,...
ARMY | DRB | CY2015 | AR20150001899
The evidence contained in the applicants service record shows that on 5 August 2011, 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), specifically for assaulting Mr. A (110425), participating in criminal activity associated with a street gang, and fleeing the scene of a crime. On 8 February 2012, the separation authority approved the recommendation of the...
ARMY | DRB | CY2015 | AR20150002106
Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 11 December 2014 d. Reason/Authority/SPD/RE: Pattern of Misconduct, AR 635-200, Chapter 14 Paragraph 14-12b, JKA, RE-3 e. Unit of assignment: HQ & A Co, Ordnance Training Detachment-Gordon Fort Gordon, GA f. Current Enlistment Date/Term: 24 March 2014, 4 years g. Current Enlistment Service: 8 months, 18 days h. Total Service: 8 months, 18 days i. The evidence contained in the applicants service record indicates...
ARMY | DRB | CY2015 | AR20150002121
Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. Lost Time: The applicants record of service indicates 69 days of time lost; 27 days for going AWOL from 8 January 2007 until his return 4 February 2007 and 42 days for his confinement by military authority 27 February 2007 until his release on 10 April 2009. After examining the applicants record of service, the documents and the issues...
ARMY | DRB | CY2015 | AR20150002132
Date Received: 6 February 2015 c. Counsel: Yes 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade to honorable. A discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable.
ARMY | DRB | CY2015 | AR20150002148
REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. Date of Discharge: 3 November 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 October 2010, the applicant requested discharge in lieu of trial by court-martial. The applicants record of service, the issues and documents submitted with his application, were carefully reviewed.
ARMY | DRB | CY2015 | AR20150002336
Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. After examining the applicants record of service, his military records, the issues and documents submitted with the application, there are several mitigating factors to merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions for the following reasons: a. Board Vote: Character Change: 5 No Change: 0 Reason...
ARMY | DRB | CY2015 | AR20150002341
After carefully examining the applicant's record of service during the period of enlistment under review, hearing her testimony, and considering the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the length of the applicants service, and the circumstances surrounding the discharge (i.e., the unit commander recommended the applicant be allowed to continue serving under her command and retained in the Army Reserve...
ARMY | DRB | CY2015 | AR20150002431
The applicant requests to upgrade the characterization of his service from general, under honorable conditions to fully honorable. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. The applicant contends the discharge was unjust because he was forced out by his chain of command; his platoon sergeant was under an investigation causing bad judgment on him; his wife miscarried; he lost a close family member; and his unit never...
ARMY | DRB | CY2015 | AR20150002460
On 7 June 2001, the separation authority approved the Chapter 10 request and directed the applicant's discharge with a characterization of service of UOTHC. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general, under honorable discharge by the separation authority at the time of his separation. Board Vote: Character Change: 5 No Change: 0 Reason Change: 5 No Change: 0 (Board member names available upon request) Board...
ARMY | DRB | CY2015 | AR20150002515
The applicant requests an upgrade of his discharge characterization from general, under honorable conditions to honorable and a change to the reentry eligibility (RE) code. On 4 December 2014, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of...
ARMY | DRB | CY2015 | AR20150002650
The evidence contained in the applicants service record indicates that on 22 September 2014, 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 driving a vehicle while intoxicated. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of her rights. The applicable Army...
ARMY | DRB | CY2015 | AR20150002814
The evidence of record shows on 17 January 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-8, AR 635-200, by reason of parenthood, for failing to implement and maintain an adequate family care plan, with an honorable discharge. 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...
ARMY | DRB | CY2015 | AR20150002828
SERVICE DETAILS: a. Date/Period of Enlistment: 31 May 2011 / 4 years b. 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. Based on the available evidence and the presumption of government regularity, the discharge appears consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation...
ARMY | DRB | CY2015 | AR20150002894
Date of Discharge: 7 September 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 August 2005 (2) Basis for Separation: The applicant tested positive for marijuana on 14 May 2005 (3) Recommended Characterization: General, Under Honorable Conditions Discharge (4) Legal Consultation Date: 29 August 2005 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: NIF/General, Under Honorable Conditions Discharge 4. Although the Veterans...
ARMY | DRB | CY2015 | AR20150002897
However, documents submitted by the applicant with his application contains a DD Form 458, Charge Sheet which indicates on 30 October 2013, the applicant was charged with committing a sexual act, in London, England, between (121231 and 130101) on Ms. On 12 March 2014, the separation authority approved the Chapter 10 request and directed the applicant's discharge with a characterization of service of UOTHC. BOARD DETERMINATION AND DIRECTED ACTION: After carefully examining the applicant's...
ARMY | DRB | CY2015 | AR20150002973
REQUEST, REASON, ISSUES, BOARD TYPE AND DECISION: The applicant requests an upgrade from general, under honorable conditions discharge to honorable. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Misconduct (Drug Abuse)/AR 635-200, Paragraph 14-12c(2)/JKK/RE-4/General, Under Honorable Conditions b. Date of Discharge: 27 November 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicants record is void of the...
ARMY | DRB | CY2015 | AR20150003009
REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of his discharge from under other than honorable conditions to honorable and to change the narrative reason for his discharge. Date of Discharge: 1 August 2006 c. Separation Facts: NIF (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date:...
ARMY | DRB | CY2015 | AR20150003012
The former service members father, on behalf of the former service member, requests to upgrade the discharge characterization from under other than honorable conditions to an honorable discharge, and a change to the narrative reason for separation. On 19 July 2007, the separation authority approved the Chapter 10 request and directed the former service members discharge with a characterization of service of under other than honorable conditions discharge. Board Vote: Character Change: 5...
ARMY | DRB | CY2015 | AR20150003025
Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant was transferred to the US Army Reserve Control Group (REINF) on 21 August 2007, upon his ETS from active duty to complete the remainder of his 8-year military service obligation (MSO) from 22 May 2003 to 21 May 2011. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided discharge orders that are under current review. However, at the time of discharge, the applicant received an under other than honorable...
ARMY | DRB | CY2015 | AR20150003027
Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. After examining the applicants record of service, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons: a. BOARD DETERMINATION AND DIRECTED ACTION: After carefully examining the applicants record of service...
ARMY | DRB | CY2015 | AR20150003269
The record confirms the applicants discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. 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 of service. There is no evidence in the record, nor has the applicant produced any evidence to...
ARMY | DRB | CY2015 | AR20150003313
The evidence contained in the applicants service record indicates on 20 August 2011, 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 a misconduct-commission of a serious offense. On 26 August 2011, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. This contention is...
ARMY | DRB | CY2015 | AR20150003647
The DD Form 214 indicates that on 15 December 2012, he was released from active duty under the provisions of Chapter 2, paragraph 2-27, AR 600-8-24, for non-retention on active duty, with a characterization of service of honorable. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application and DD Form 214 for service under current review. The DD Form 214 shows the applicant was released from active duty under the provisions of Chapter 2, paragraph 2-27, AR 600-8-24,...
ARMY | DRB | CY2015 | AR20150003652
The applicant was discharged from the Army on 20 June 2014, with a characterization of service listed as uncharacterized. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided with his online application, DD Form 214 for service under current review; US Citizenship and Immigration Services letter, dated 24 June 2014; health records, dated 31 March 2014, 2 April 2014, and 1 April 2014; and as additional evidence, MAVNI information brief, dated 14 May 2015. A general, under honorable...
ARMY | DRB | CY2015 | AR20150003663
(3) Recommended Characterization: GD (4) Legal Consultation Date: 21 July 2010 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 12 August 2010/GD 4. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to...
ARMY | DRB | CY2015 | AR20150004403
The evidence contained in the applicants service record indicates that on 8 August 2012 (as acknowledged by the applicant), 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 misconduct abuse of illegal drugs, specifically for wrongfully possessing ecstasy (120405). On 29 August 2012, the separation authority waived further rehabilitation and directed the applicants discharge with a...
ARMY | DRB | CY2015 | AR20150004987
Since receiving treatment for PTSD and depression, his accomplishments have been consistent with his high standards, and the rest of his Army service prior to his mental health issues. APPLICANT-PROVIDED EVIDENCE: An online application, dated 18 February 2015, a self-authored statement, copy of a report of behavioral health evaluation, letter from T.D, LICSW reference the applicants evaluation for PTSD, certification of vital record from the Department of Public Health, and documents from...
ARMY | DRB | CY2015 | AR20150005187
REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant request an upgrade of his general, under honorable conditions discharge characterization of service to honorable and a change to the narrative reason for separation. The evidence of record shows the applicant had a prior board review on 10 June 2014. Date of Discharge: 24 July 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 February 2012 and again 12 March 2012 (2) Basis for Separation: The...
ARMY | DRB | CY2015 | AR20150005575
Date of Discharge: 14 August 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 July 2008 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; being convicted at a Summary Court-Martial for two violations of AWOL (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Date NIF, the applicant consulted with legal counsel (although his election of rights indicate he waived legal...
ARMY | DRB | CY2015 | AR20150006093
CG Article 15, dated 6 March 2006, for failing to be at his appointed place of duty at the prescribed time on four separate occasions (1 March 2006, 13 July 2005, 11 July 2005 x 2) and disobeying an NCO on 18 July 2005. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of...
ARMY | DRB | CY2015 | AR20150006111
REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. By the documented acts of serious misconduct, the applicant marred the quality of his service below that meriting an honorable discharge at the time of separation from the Army. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicants service mitigated...
ARMY | DRB | CY2015 | AR20150006880
The applicant states, in effect, he believes his discharge was inequitable due to personal issues with himself and many other Soldiers in his company at the time of discharge which was stated during his discharge hearing. The record confirms the applicants discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. There is no evidence in the record, nor has the...
ARMY | DRB | CY2015 | AR20150007623
REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. Paragraph 10-8 states a discharge under other than honorable conditions is normally appropriate for a Soldier who is discharged in lieu of trial by court-martial; however, a general discharge may be directed if merited by the Soldiers overall record during the current enlistment. The applicants record of...
ARMY | DRB | CY2015 | AR20150008964
Date of Discharge: 6 November 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 September 2002 (2) Basis for Separation: The applicant was informed of the following reasons: Wrongfully using marijuana on one occasion, Disobeying and disrespecting noncommissioned officers, and Unlawfully storing a weapon in his barracks room (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: Evidence in the record shows the applicant...