Application Receipt Date: 061108
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents submitted by the applicant.
II. Were Proper Discharge and Separation Authority procedures followed?
Yes No Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: 940505
Discharge Received: Date: 940720
Chapter: 14-12b AR: 635-200
Reason: Misconduct
RE: SPD: JKA
Unit/Location: B Co, 6th SIG BN, Fort Richardson, AK
Time Lost: In pre-trial and civilian confinement for 477 days (930329-940720)
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB: 691219
Current ENL Date: 921031 Current ENL Term: 3 Years
Current ENL Service: 2 Yrs, 8Mos, 26Days
Total Service: 2 Yrs, 8Mos, 26Days Includes 477 days of pre-trial and civilian confinement
Previous Discharges: USAR 900120-900511/NA
ADT 900512-900817/UNC
USAR 900818-921030/NA
Highest Grade: E-3
Performance Ratings Available: Yes No
MOS: 63B10/Light Wheel Vehicle Mechanic GT: 108 EDU: HS Grad Overseas: Alaska Combat: None
Decorations/Awards: ASR, NDSM
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: Applicant obtained his barber's license; a copy of his license is enclosed.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 5 May 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-for conviction by a civil court, with an under other than honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and submitted a statement in his own behalf; however, his statement is not in the available record. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 29 June 1994, 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.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicant's military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant's 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. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date:
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change No change - Character
Change No change - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
Case report reviewed and verified by: David Loy, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to:
Other:
RE Code:
Grade Restoration: No Yes Grade:
XI. 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 DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060015818
Applicant Name: Mr.
______________________________________________________________________
Page 1 of 4 pages
AF | DRB | CY2006 | AR20060016051
Facts and Circumstances: Evidence of record shows that on 19 October 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-for drunken or reckless operation of a vehicle, underage drinking x 4, and shoplifting with a general under honorable conditions discharge. On 19 November 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged...
ARMY | DRB | CY2006 | AR20060011715
The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was...
AF | DRB | CY2006 | AR20060017136
Facts and Circumstances: Evidence of record shows that on 24 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, with a general, under honorable conditions discharge. On 31 December 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions discharge. ...
AF | DRB | CY2006 | ar20060016771
Facts and Circumstances: The evidence of record shows that on 20 April 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for failure to pass the APFT after numerous attempts 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 | CY2008 | AR20080001228
Facts and Circumstances: Evidence of record shows that on 29 November 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor having tested positive for marijuana on two occasions (031212 and 040812), for having received two Field Grade Articles 15 (040115 and 040917), and for having been cited for communicating a threat (040902), with a general, under honorable conditions discharge. The...
ARMY | DRB | CY2006 | AR20060009447
c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records, for the period of enlistment under review, the issue and documents he submitted, the analyst found a mitigating factor that would merit an upgrade of the applicant's discharge to general, under honorable conductions. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and...
AF | DRB | CY2006 | AR20060015460
Facts and Circumstances: Evidence of record shows that on 07 December 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct - for receiving a field grade article 15 for disrespect to a NCO as well as numerous counseling statements highlighting a lack of self discipline which has resulted in an overall disruptive influence to the unit, with a general discharge. The intermediate commander...
AF | DRB | CY2006 | AR20060015491
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did submit a statement in his own behalf. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant's military records, and the independent evidence he submitted, the analyst recommends to the Board that the applicant's characterization of service be upgraded to fully honorable. Accordingly, the analyst recommends that the applicant's characterization of...
ARMY | DRB | CY2007 | AR20070013001
He was 18 years old when he joined the Army and was not ready to be a soldier. His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(2) by reason of misconduct, with a characterization of service of under other than honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts...
AF | DRB | CY2006 | AR20060015169
Application Receipt Date: 061026 Prior Review Prior Review Date: None I. On 16 July 2001 the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than honorable. On 24 September 2001, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a...