| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: In effect, that his discharge be upgraded and the reason and authority for his separation be changed.
APPLICANT STATES: “Discrimination against none religion, organization, union individuals, and because I was not intoxicated, and also because the civilian sector of America did not have anything to do.”
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 26 January 1988, was awarded the military occupational specialty of food service specialist, and was promoted to pay grade E-3.
On 14 January 1993, the applicant’s commander notified him of his intent to recommend his separation due to misconduct, commission of a serious offense. The stated reasons for that recommendation was the applicant’s driving while under the influence of alcohol, driving while his post driving privileges were suspended, having in his possession $350.00 worth of stolen property, several incidents involving disobeying lawful orders, failing to be at his appointed place of duty at the time prescribed, leaving his appointed place of duty on several occasions, lying to a noncommissioned officer, and uttering a dishonored check.
The applicant waived his rights, the applicant’s commander’s recommendation was approved by the appropriate authority, and the applicant was issued a General Discharge Certificate for Misconduct, Commission of a Serious Offense on 26 February 1993.
On 10 April 1996, the Army Discharge Review Board denied the applicant’s request to upgrade his characterization of service, but changed the reason for his discharge from Misconduct, Commission of a Serious Offense, to just Misconduct.
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, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant’s discharge was processed in accordance with the regulations in effect at the time, with no indication that his material rights were violated in any way.
2. The numerous acts of misconduct committed by the applicant warranted separation for misconduct.
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
___fne___ ___rwa__ ___hbo__ DENY APPLICATION
| CASE ID | AR2001065841 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | YYYYMMDD |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
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| 6. |
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