Search Decisions

Decision Text

ARMY | DRB | CY1998 | 1998012730
Original file (1998012730.rtf) Auto-classification: Approved
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): 921021

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

          b. Reason: For The Good of The Service-In Lieu of Court-Martial
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ASR
a. Period entered for: 4 Years SWASMDL
b. Entry date: 900227 KLM
c. Age: 23 Years DOB: 661229
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 122 3. Highest grade achieved:
f. Length of Service: E3
2 Year(s) 7 Month(s) 25 Day(s)

4. Performance evaluations:
NONE

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

5. Periods of unauthorized absence: NONE

 Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment: NONE
         Date     Offense(s)
        


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

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: NONE
SECTION B - Prior Service Data
NONE

Other discharge(s):

          Service   From      To        Type Discharge





PART IV - PREHEARING REVIEW

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

         a. On 21 October 1992, The DA HQ, US Army Training Center and Fort Dix; Transition Point, Orders 295-064 directed that the applicant be discharged from the Regular Army under the provisions of chapter 10, AR 635-200.

         b. On 21 October 1992, the applicant signed DD Form 214, indicating the following facts: Character of service is an under other than honorable conditions discharge under the provisions of Chapter 10, AR 635-200, for the good of the service-In lieu of court-martial. At the time of discharge, the applicant had
2 years, 7 months, and 25 days service on his current enlistment.

         c. The available records indicate the applicant was charged with intent to defraud and for procurement of lawful currency, and a thing of value, wrongfully and unlawfully making and presenting approximately 26 checks to various proprieties during the period from July 1991 to 6 November 1991. The available records also indicate the court-martial convening authority did not recommend trial by court martial.

2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general discharge is authorized, a discharge UOHC is normally considered appropriate.
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 980928, with one (1) enclosure.
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

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:
         ( X ) Records review ( ) Hearing

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

         c. Review/hearing location and date: Washington, DC on 3 February 1999

          d. Appearance by:
         Applicant ( ) Yes ( X ) No
          Counsel ( ) Yes ( X ) No
         e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing:

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:
         ( X )   Additional issue(s) identified during review/hearing as follows:
Board Issue: (5) The characterization of service is too harsh.

         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.

 (5) The issue is accepted. There was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board determined that the discharge was inequitable because the quality of the applicant's service did not warrant the granting of an under other than honorable conditions discharge. The applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient merit to warrant an upgrade of the discharge being reviewed. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it.

(1), (2), (3), and (4) See response to paragraph 3, below.

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

 Inasmuch as the Board voted to grant the full relief requested, responses to remaining issues are neither required nor rendered.



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                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to General, Under Honorable Conditions .
         ( )      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: 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       

                                 
MRS. WADE
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 5 February 1999

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 the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

 ( X )   Characterization of discharge be changed to General, Under Honorable Conditions .
( X )   Other (see remarks below).
Remarks: Restore grade to E3.

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: 1998012730 INDEX NUMBERS: A9218
Date of Review: 990203 A0100
Character of Service: UD A9311
Date of Discharge: 921021 A9307
Authority: AR 635-200 C10 A9201
Reason: A7000 A9203
Results of Board Action/
Vote/Affirmation: GD 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.      PO      X      X       

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:
         ( X )   Additional issue(s) identified during review/hearing as follows:
Board Issue: (5) The characterization of service is too harsh.

         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.

 (5) The issue is accepted. There was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board determined that the discharge was inequitable because the quality of the applicant's service did not warrant the granting of an under other than honorable conditions discharge. The applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient merit to warrant an upgrade of the discharge being reviewed. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it.

(1), (2), (3), and (4) See response to paragraph 3, below.

 3. Response(s) to item(s) not addressed as decisional issue(s): NONE

 Inasmuch as the Board voted to grant the full relief requested responses to remaining issues are neither required nor rendered.

Similar Decisions

  • ARMY | DRB | CY1997 | 199700201

    Original file (199700201.rtf) Auto-classification: Denied

    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. ( ) Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to under .2. CASE NO: AD97-00201 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR X X X X X X X X X X

  • ARMY | DRB | CY2002 | 2002067135

    Original file (2002067135.TXT) Auto-classification: Denied

    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. Lieutenant Colonel, U.S. Army Chief, Secretary Recorder EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by...

  • ARMY | DRB | CY2003 | 2003083566

    Original file (2003083566.rtf) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. Accordingly, the Board voted to change the characterization of service to fully honorable. 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.

  • ARMY | DRB | CY2000 | 2000046317

    Original file (2000046317.rtf) Auto-classification: Approved

    This document identifies the reason and characterization of the discharge as a Chapter 10, AR 635-200, in lieu of trial by court-martial with characterization of service as under other than honorable conditions. Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. ...

  • ARMY | DRB | CY2000 | 2000046668

    Original file (2000046668.rtf) Auto-classification: Approved

    The applicant acknowledged notification, consulted with legal counsel, was advised of the impact of the discharge action, and waived consideration of his case by an administrative separation board, provided that he received a characterization of service no less favorable than a general discharge. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE TO:...

  • ARMY | DRB | CY2001 | 2001060284

    Original file (2001060284.rtf) Auto-classification: Approved

    On 14 October 1992, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct-civil conviction, with an under other than honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a favorable characterization of...

  • ARMY | DRB | CY2003 | 2003084480

    Original file (2003084480.rtf) Auto-classification: Denied

    Her DD Form 214 indicates that she was discharged under the provisions of Chapter 5, AR 635-200 by reason of parenthood, with a characterization of service of honorable. 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. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY2000 | 2000044950

    Original file (2000044950.rtf) Auto-classification: Denied

    The Board noted that the applicant’s record contains a separation order from the Reserve of the Army discharging him under the provisions of Army regulation 135-178 with an uncharacterized discharge. The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, voted to deny relief.3. AR Number: 2000044950 INDEX NUMBERS: A9217 Date of Review: 000927 A0100 Character of Service: EL A9445 Date of Discharge: 970828 Authority: AR...

  • ARMY | DRB | CY2002 | 2002078201

    Original file (2002078201.TXT) Auto-classification: Denied

    The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY1999 | 1999017817

    Original file (1999017817.rtf) Auto-classification: Denied

    Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B -...