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ARMY | DRB | CY1998 | 1998002719
Original file (1998002719.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: UOHC

2. Date of discharge (or REFRAD): 841221

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct-Pattern of Misconduct
4. Prior review(s): Records (970307)


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            GCMDL
a. Period entered for: 6 Years NDSM
b. Entry date: 821029 OSR
c. Age: 24 Years DOB: 580809
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 103 3. Highest grade achieved:
f. Length of Service: E5
2 Years 0 Months 18 Days

4. Performance evaluations:
See OMPF

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 830530-830624; 840607-840609; 841021-841027

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment:

         Date     Offense(s)
         830627 AWOL (830530-830623)
         840614 AWOL (840607-840610)
         841108 AWOL (841021-841028)

7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: Bar to Reenlistment (841108)
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         RA 760630 800113 HD
         RA 800114 821028 HD



PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. Evidence of record shows that on 13 December 1984, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—pattern of misconduct, with a under other than honorable conditions (UOHC) discharge. The applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, waived a hearing by a board of officers, and elected not to submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a UOHC discharge. On 19 December 1984, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a UOHC discharge.

         b. On 21 December 1984, the applicant was discharged with a UOHC discharge. At the time of discharge, the applicant had completed 2 years, 0 months, 18 days of his current enlistment, a total of 8 years, 4 months and 10 days of active military service, and having had accrued 42 days of time lost due to AWOL.

         c. The applicant’s record reflects that he completed over eight (8) years of service; attained the rank of sergeant/E-5; completed an overseas tour in Germany; and earned two (2) Good Conduct Medals, the National Defense Service Medal, the Overseas Service Ribbon, and the Army Service Ribbon. His disciplinary record includes his acceptance of three (3) Article 15’s: the first on 27 June 1983 for being AWOL from 30 May to 23 June 1983; the second on 14 June 1984 for being AWOL from 7 to 10 June 1984 which included a reduction to specialist/E-4; and the third on 8 November 1984 for being AWOL from 21 to
28 October 1984 which included a reduction in rank to private/E-1. On
14 December 1984 the applicant was barred from reenlistment based on his disciplinary record. The applicant’s unit commander processed him for separation based on a pattern of misconduct, citing the applicant’s extensive disciplinary history as the basis for taking the action. The applicant was afforded all rights associated with the action and elected to waive his right to an administrative separation board and he elected not to submit a statement in his own behalf.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter l4 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 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.
SECTION B-APPLICANT’S SUBMISSIONS

 1. Issue(s) of propriety and/or equity submitted by applicant or counsel.

As stated on applicant’s DD Form 293.
 2. Exhibit(s) submitted:
          A-1: DD Form 293, dated 980914.
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 293, dated 981208

PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor ( ) Legal Advisor



 a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
         ( ) Records review ( X ) Hearing

         b. Type Held:
         ( )Records review ( X ) Hearing Examiner
         ( ) Tender Offer

         c. Review/hearing location and date:
                  (1) Video Site: San Francisco, California on 20 April 1999.
                   (2) Board Site Washington D.C. on 24 April 1999.

         d. Appearance by:
          Applicant ( X ) Yes ( ) No
          Counsel ( ) Yes ( X ) No

          e. Applicant testified: ( X ) Yes ( ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibits submitted at hearing: Two (2) additional issues with twelve (12) additional documents.

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 of this case report and directive.
         ( )     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 number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

 (1) and (2) The issues are rejected. The Board noted the applicant’s contentions that, in effect, that his eight (8) good years of honorable service was not given proper consideration at the time of his discharge; and that he was unable to cope well with the rigors of military life because he was too immature to deal with raising his family and meeting the demands of military service at the time. However, after carefully examining the applicant’s record of service for the period of enlistment under review, the Board concluded that the applicant's discharge was appropriate. The applicant’s misconduct diminished the quality of his service below that meriting a fully honorable or general discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct. 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(s) to item(s) not addressed as decisional issue(s): NONE
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: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
Mr. ADRIANCE
Case Reviewing Official 


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

 AR Number: 1998002719 INDEX NUMBERS: A9217
Date of Review: 990420 A9500
Character of Service: UD A0100
Date of Discharge: 841221
Authority: AR 635-200 C14
Reason: A6700
Results of Board Action/
Vote/Affirmation: NC 5-0 A













PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR
1.      Mbr      X          X    
2.      Mbr      X          X    
3.      Mbr      X          X    
4.      Mbr      X          X    
5.      Mbr      X          X    

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