| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. John P. Infante | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: That his separation be changed to a 15-year retirement.
APPLICANT STATES: That he has over 18 years of service, but he is not drawing any type of retirement benefits.
EVIDENCE OF RECORD: The applicant's military records show:
He was a staff sergeant in the US Army Reserve (USAR). During the period 25 August 1986 to 5 January 1990, he served on active duty at Fort McPherson, Georgia. On 11 September 1987, he was arrested at Maxwell Air Force Base, Alabama, for driving under the influence (DUI) of alcohol. This was his sixth drunk driving offense since 27 September 1984.
On 15 August 1988, the applicant was convicted in United States District Court for the offense of drunk driving and sentenced 12 months' confinement and a fine of $1,000. The confinement was reduced to 5 months. He served his sentence to confinement from 3 October 1988 through 15 February 1989.
On 5 October 1989, a FLAG (Report to Suspend Favorable Personnel Action - DA Form 268) was initiated against the applicant. On 13 November 1989, the applicant's commander initiated action to separate him for misconduct (commission of a serious offense) under the provisions of chapter 14, Army Regulation (AR) 635-200. On 21 December 1989, a board of officers convened to determine whether the applicant should be separated for misconduct. The applicant appeared with legal counsel. After 7 hours of testimony and deliberation, the board found that the applicant committed a serious offense, to wit: six DUI's. The board recommended that he be separated for misconduct with an honorable discharge.
In an undated endorsement to the separation action, the approving authority approved the applicant's separation for misconduct and directed issuance of an honorable discharge. The applicant was separated with an honorable discharge on 5 January 1990 under the provisions of chapter 14, AR 635-200 for misconduct - commission of a serious offense. He had 14 years, 1 month, and 11 days of creditable active Federal service, and 1 year, 3 months, and 24 days of inactive service.
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, 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 a discharge under other than honorable conditions is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.
Public Law 102-484, the Fiscal Year 1993 Defense Authorization Act, was enacted on 23 October 1992. Section 4403 of that law gave the Military Departments the authority to permit early retirement (Temporary Early Retirement Authority, or TERA) of selected military members with more than 15, but less than 20 years of active Federal service who agreed to register for employment in public or community service organizations.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. On 5 October 1989, a FLAG was imposed against the applicant and, on 5 January 1990, he was administratively separated for misconduct under the provisions of chapter 14, AR 635-200. Had he been otherwise eligible for TERA, the FLAG and his separation under chapter 14 effectively prevented him from any form of retirement.
2. The TERA was not enacted into law until 23 October 1992; the applicant was separated on 5 January 1990. The TERA only involved selected soldiers with more than 15 years, but less than 20 years of active Federal service; the applicant had less than 15 years of active Federal service. The applicant never qualified for the TERA.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_RVO___ ___JPI __ __WDP __ DENY APPLICATION
| CASE ID | AR2001062435 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011129 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19900105 |
| DISCHARGE AUTHORITY | AR 635-200 C14 |
| DISCHARGE REASON | A60.00 |
| BOARD DECISION | (NC, GRANT , DENY, GRANT PLUS) |
| REVIEW AUTHORITY | DIRECTOR |
| ISSUES 1. | 136.0500 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2010 | 20100008981
The applicant was accordingly discharged on 2 January 1990 under the provisions of Army Regulation 635-200, paragraph 14-12c by reason of misconduct - commission of a serious offense. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the offence for which he was discharged and is appropriate for the applicant's overall record of military service.
ARMY | BCMR | CY2011 | 20110001559
On 4 April 1989, the separation authority approved the chain of command's recommendation to discharge the applicant and directed that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct based on commission of a serious offense (abuse of illegal drugs) and issued an Under Honorable Conditions Discharge Certificate. On 21 November 1990, the separation authority approved the chain of command's recommendation for discharge of the...
ARMY | BCMR | CY2013 | 20130001812
Application for correction of military records (with supporting documents provided, if any). His DA Form 2-1 (Personnel Qualification Record) shows in item 21 (Time Lost) the following entries: * 7 December 1989 to 16 January 1990, 40 days of civilian confinement * 9 March, civilian confinement * 23 March 1990, confined by civil authorities 6. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct-commission of a...
ARMY | BCMR | CY2013 | 20130021935
His administrative separation packet shows the applicant's company commander notified him on 8 May 2013 that he was initiating action to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14 (Separation for Misconduct), paragraph 14-12c, based on commission of a serious offense. d. On 14 May 2013, the Commander, 2d BCT, directed the previously-appointed board members to convene to determine whether the applicant should be...
ARMY | BCMR | CY2009 | 20090013381
On 18 July 1989, the unit commander initiated action to discharge the applicant under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c, for commission of serious offenses for DUI violations on 20 March 1988 and 6 May 1989. At a mental status evaluation his behavior was normal. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record.
ARMY | BCMR | CY2010 | 20100000299
The applicant requests an upgrade of his under other than honorable conditions discharge to a general discharge. However, his record contains a properly constituted DD Form 214 that shows he was discharged on 4 January 1990 under the provisions of paragraph 14-12(c) of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), for misconduct - commission of a serious offense (abuse of illegal drugs) with an under other than honorable conditions characterization of service. A...
ARMY | BCMR | CY2011 | 20110011523
The applicant requests upgrade of his general discharge to an honorable discharge. The applicant states he was having problems with alcohol during his time in the service. There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2007 | 20070012649C080407
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The Board concluded that although the applicant had requested discharge with a Special Separation Bonus (SSB) under TERA provisions, he was ineligible based on his being investigated for UCMJ offenses and being processed for administrative separation, which resulted in his request not being processed and/or approved. The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable...
ARMY | BCMR | CY2012 | 20120003102
On 30 May 1989, he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12b for misconduct pattern of misconduct. c. Paragraph 3-7b states a general discharge is a separation from the Army under honorable conditions. The applicant's administrative separation under the provisions of Army Regulation 635-200, paragraph 14-12b by reason of a pattern of misconduct was accomplished in compliance with applicable regulations with no indication of procedural errors which...
ARMY | BCMR | CY2013 | 20130019586
The applicant requests reconsideration of his previous request to, in effect: * restore his rank of specialist four (SP4)/E-4 and sergeant (SGT)/E-5 * remove or expunge all injustices from his record, including: * Articles 15 (nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ)) * a letter of reprimand (LOR) dated 14 February 1988 * a police report dated 14 February 1988, concerning driving under the influence (DUI) * his bar to reenlistment 2. ...