Search Decisions

Decision Text

ARMY | DRB | CY1997 | 199700512
Original file (199700512.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00512
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Type of discharge (or characterization of service): GD

2. Date of discharge (or REFRAD): 850517

3. Authority for separation:

         a. Regulation: Chapter 13, AR 635-200

         b. Reason:       Unsatisfactory Performance
4. Prior review(s): ( X ) NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:

a. Period entered for: 6 Years Type
b. Entry date: 810326 GCMDL HSM
c. Age: 22 Years DOB: 581214 NCOPDR
d. Educational level: HS Grad ASR
e. Aptitude area scores: ( X ) NIF/NA    OSR
          GT: 76 3. Highest grade achieved:
f. Actual creditable service: 4 Years
1 Month 22 Days Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00512
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE

6. Nonjudicial punishment:
         Date     Offense(s)
         850130   FOLO issued by SGT (850118)
          850325   Disrespectful in language toward SGT (850313)
         850415   Failed to report for extra duty on time (850403)(summarized)
7. Court-Martial data: ( X ) NONE
8.       Remarks: DA Form 2627-2, dated 850314 shows applicant received an Article 15 on 850314, however this particular Article 15, NIF.
SECTION B - Other Service Data


1. Other discharge(s):

         Service            Type
         RA                HD

         CASE NO: AD97-00512
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
850509:         Unit commander notified applicant of initiation of separation action              under the provisions of Chapter 13, AR 635-200, for unsatisfactory                performance. He was advised of his rights.
Undated:        Applicant acknowledged notification, waived legal counsel, waived a               hearing by a board of officers, and did not submit a statement in                 his own behalf.
850509:         Unit commander recommended applicant be separated from the Service                and requested requirements for a rehabilitative transfer be waived.
850513:         Separation authority waived rehabilitation and approved separation                with a general discharge.
850517:         Applicant was discharged.
2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         See attached DD Form 293.
3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 961204.



PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE
PART V - SUMMARY OF REVIEW HEARING


         a. Applicant testified: ( ) Yes ( X ) No

        
         b. Witness(es) testified: ( ) Yes ( X ) No
        

2. Exhibit(s) submitted at hearing: ( X ) NONE

                                    CASE NO: AD97-00512
PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:
          ( X )   Same as those listed on DD Form 293 and Part IV, Section A, Paragraph 2.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
        

b. Request: ( X ) Recharacterization ( ) Change of Reason


2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

          a. Propriety:    The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

          b. Equity:       The parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(1) The issue is rejected. The US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD form 293 requesting a change in discharge. Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable. The Defense Discharge Review Standards specifically state: "No factors shall be established that require automatic change or denial of a change in discharge." The Board examined the applicant's record of service during the period of enlistment under review. There was full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

 3. Response to item(s) not addressed as decisional issue(s): ( X ) NA

                            CASE NO: AD97-00512
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( )      Improper as to reason. Change reason to                         under                       .
         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( )      Inequitable as to reason. Change reason to                        
                  under                                  .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                          .

2. Voting record: Change No Change
         Reason 0 5
Characterization 0 5

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: CPCD
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-00512
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL ALLEN
Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
(X) NONE
SECTION B - CERTIFICATION


Approval Authority:

EL CARTIO BARNES
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SHERRY HILL SARGENT
Major, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

AD9700512 970502 GD 850517 AR 635-200 C13 A4900 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

         A9217 A0100 A9447
53 58 63


                           CASE NO: AD97-00512
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC PHILLIPS, JOHN S. Mbr      X          X    

2. LTC WHISKER, JILL M. Mbr      X          X    

3. COL ALLEN, THOMAS J. Mbr      X          X    

4. COL MELCHIOR, ROBERT J. Mbr      X          X    

5. COL BARNES, EL CARTIO PO      X          X    





Similar Decisions

  • ARMY | DRB | CY1997 | 199700418

    Original file (199700418.rtf) Auto-classification: Denied

    850329: Applicant was discharged. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. CASE NO: AD97-00418 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700709

    Original file (199700709.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL MATHEWS Post Hearing Reviewer

  • ARMY | DRB | CY1997 | 199700540

    Original file (199700540.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. CASE NO: AD97-00540 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700671

    Original file (199700671.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant CASE NO: AD97-00671 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700442

    Original file (199700442.rtf) Auto-classification: Denied

    The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document. ( ) Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to under .2. CASE NO: AD97-00442 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR X X X X X X X X X X

  • ARMY | DRB | CY1997 | 199700578

    Original file (199700578.rtf) Auto-classification: Denied

    880627: Unit commander notified applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, for conviction by a civilian court. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant CASE NO: AD97-00578 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700476

    Original file (199700476.rtf) Auto-classification: Denied

    900816: Applicant was discharged.2. The Board, being convinced that the characterization of service and the reason for discharge was both proper and equitable, voted to deny relief. CASE NO: AD97-00476 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700551

    Original file (199700551.rtf) Auto-classification: Denied

    The applicable Army Regulation clearly states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. CASE NO: AD97-00551 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL MELCHIOR Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE SECTION B - CERTIFICATION EL CARTIO BARNES Colonel, U.S. Army President, Army...

  • ARMY | DRB | CY1997 | 199700708

    Original file (199700708.rtf) Auto-classification: Approved

    The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. ( ) Characterization of discharge be changed to Honorable. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1997 | 199700267

    Original file (199700267.rtf) Auto-classification: Denied

    951206: Unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, for entry level performance and conduct. CASE NO: AD97-00267 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL ALLEN Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE SECTION B - CERTIFICATION EL CARTIO BARNES Colonel, U.S. Army President, Army Discharge Review Board CASE...