Search Decisions

Decision Text

ARMY | DRB | CY1997 | 199700648
Original file (199700648.rtf) Auto-classification: Approved
                                    CASE NO: AD97-00648
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): 951226

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-200

          b. Reason:       Personality Disorder

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: 3 Years Type
b. Entry date: 930729 NDSM
c. Age: 18 Years DOB: 750408 ASR
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 100 3. Highest grade achieved:
f. Actual creditable service: 2 Years
4 Months 28 Days Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00648
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE


6. Nonjudicial punishment: ( X ) NONE

7. Court-Martial data: ( X ) NONE
         

8.       Remarks: ( X ) NONE
SECTION B - Other Service Data
( X ) NONE







         CASE NO: AD97-00648
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
951206: Unit commander notified the applicant of initiation of separation
action under the provisions of Chapter 5, AR 635-200. He was advised
of his rights.
951213: Separation authority waived rehabilitation and approved a general
discharge.
951226: 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 970106.
B-1: DD Form 293, with four (4) enclosures as submitted by the applicant.



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: AD97-00648
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:
         ( X )   Additional issue(s) identified during review/hearing as follows:
Board issue: (5) Characterization of service improper.
         

b. Request: ( X ) Recharacterization ( X ) 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 parenthetical numbers below correspond to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.

(5) The issue is accepted. In accordance with applicable regulations, the service of a soldier separated under the provisions of AR 635-200, Chapter 5-13, personality disorder, will be characterized as honorable unless an entry level separation is required or the soldier has been convicted of an offense by a general court martial Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable. The Board was satisfied that the reason for discharge was proper and equitable, and voted to deny that relief.

        b. Equity:       The parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(1)&(4) The issues are rejected. The record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that the local command did not insure adequate medical treatment or that consultation by the applicant’s father with the command was ignored.

(2) The issue is rejected. The Board carefully examined the applicant's record of service during the period of enlistment under review. The Board noted that the applicant was separated under the provisions of AR 635-200, Chapter 5-13, for a personality disorder. Based on a mental status evaluation conducted 4 December 1995 by competent medical authority, the applicant was recommended by his unit commander for separation under the provisions of Chapter 5-13, AR 635-200, with the issuance of an honorable discharge. The applicant acknowledged this recommendation and submitted no statements in his own behalf or indicated any disagreement with this separation action. The Board found no evidence of arbitrary or capricious actions by the command and was satisfied all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

(3) The issue is rejected. Disability ratings and/or physical disability compensation awarded to veterans by the Department of Veterans Affairs do not establish that the reason for discharge or the characterization of service were improper or inequitable.


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

                            CASE NO: AD97-00648
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( )      Proper.
         ( X )    Improper as to characterization. Change characterization to           Honorable                  .
         ( )      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 5 0

         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: AD97-00648
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL MELCHIOR
Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: Commander, ARPERCEN Date:

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that:

 ( )     Characterization of discharge be changed to Uncharacterized.
( X )   Characterization of discharge be changed to Honorable.
( )     Characterization of discharge be changed to Under Honorable Conditions.
( )     Reason and authority for discharge be changed to
        Misconduct under AR 635-200 .
( )     Other (see remarks below).
Remarks: ( 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:

AD9700648 970416 GD 951226 AR 635-200 C5 A8600 HD 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9408 A9411 A9447
53 58 63

                           CASE NO: AD97-00648
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC PHILLIPS, JOHN S. Mbr      X  X           

2. LTC SMITH, LILLIAN C. Mbr      X  X           

3. COL ALLEN, THOMAS J. Mbr      X  X           

4. COL MELCHIOR, ROBERT J. Mbr      X  X           

5. COL MATHEWS, WILLIAM PO      X  X           




Similar Decisions

  • ARMY | DRB | CY1997 | 199700304

    Original file (199700304.rtf) Auto-classification: Denied

    The Board noted that the applicant was separated under the provisions of AR 635-200, Chapter 5, for a personality disorder. 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: AD97-00304 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700572

    Original file (199700572.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. CASE NO: AD97-00572 PART III - SERVICE HISTORYSECTION A - Period of Service Under Review - Continued 5. CASE NO: AD97-00572 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700619

    Original file (199700619.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. CASE NO: AD97-00619 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 Discharge Review Board CASE NO: AD97-00619 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700377

    Original file (199700377.rtf) Auto-classification: Denied

    ( ) Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to under .2. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant CASE NO: AD97-00377 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700259

    Original file (199700259.rtf) Auto-classification: Denied

    The Board examined the applicant's record of service during the period of enlistment under review. 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: AD97-00259 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700408

    Original file (199700408.rtf) Auto-classification: Approved

    The Board was satisfied that the characterization of service was proper and equitable, and to change it would be inappropriate. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL MELCHIOR Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE TO: Commander, ARPERCEN Date: The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as...

  • ARMY | DRB | CY1997 | 199700495

    Original file (199700495.rtf) Auto-classification: Approved

    Type of discharge (or characterization of service): GD 2. 921008: Applicant was discharged. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL MELCHIOR Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE TO: Commander, ARPERCEN Date: The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section...

  • ARMY | DRB | CY1997 | 199700586

    Original file (199700586.rtf) Auto-classification: Approved

    900425: Applicant was discharged.2. Voting record: ChangeNo Change Reason 5 0 Characterization 5 0 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. Remarks: ( X ) NONE SECTION B - CERTIFICATION EL CARTIO BARNES Colonel, U.S. Army President, Army Discharge Review Board

  • ARMY | DRB | CY1997 | 199700404

    Original file (199700404.rtf) Auto-classification: Denied

    910222: Applicant was discharged. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3.

  • ARMY | DRB | CY1997 | 199701376

    Original file (199701376.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): BCD 2. CASE NO: AD97-01376 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 WILLIAM E. MATHEWS Colonel, U.S. Army President, Army Discharge Review Board CASE NO: AD97-01376 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.