Search Decisions

Decision Text

ARMY | DRB | CY1998 | 1998013766
Original file (1998013766.rtf) Auto-classification: Approved
PART II - APPLICATION DATA

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

1. Character of Discharge: GD

2. Date of discharge (or REFRAD): 960320

3. Authority for separation:

         a. Regulation: AR 135-178

          b. Reason: NIF
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            L/C
a. Period entered for: 34 months
b. Entry date: 930322
c. Age: 30 Years DOB: 620421
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 95 3. Highest grade achieved:
f. Length of Service: E4
2 Year(s) 11 Month(s) 29 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

Other discharge(s):

          Service   From      To        Type Discharge
         USAR     850411   850717   NA
         ADT      850718   851218   unchar
         USAR     851219   901120   NA
         RA       901121   910524   HD
         USAR     910525   930321   NA
                                     (concurrent service)


PART IV - PREHEARING REVIEW

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

         a. Note: The evidence of record shows that on 20 March 1996, Orders 80-1, AFRC-CNY-PR-R, DA, HQ, 77 th Regional Support Command, Fort Totten, NY, discharged applicant from the USAR, effective date: 20 March 1996; with authority:
AR 135-178, with a general under honorable conditions discharge.

         b. On 20 March 1996, the applicant was discharged with a general under honorable conditions discharge, under the provisions of AR 135-178. He was credited with 2 years, 11 months, and 29 days active service on the enlistment under review and 10 years and 9 months total time in service.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. Chapter 7 of the regulation, in effect at the time, governed separation for acts or patterns of misconduct, including unsatisfactory participation. The regulation provided that the separation authority could disapprove the commander’s recommendation for
discharge for misconduct and direct disposition by other means, disapprove the recommendation for separation for misconduct and direct separation for unsatisfactory performance, or convene a board of officers to determine whether the service member should be separated for misconduct. When discharged under this provision, Army policy states that the characterization of service will normally be under other than honorable conditions. The regulation also permitted the characterization of service as under honorable conditions, but did not authorize the characterization of service as honorable.
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 981112, with one (1) enclosure(s).
         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 10 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: (2) 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.

 (2) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review. There was a full consideration of all service. The Board determined that the discharge was inequitable because the applicant's generally acceptable personal conduct and performance of duty mitigated the misconduct. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.


(1) 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, response to the remaining issue is 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 Honorable .
         ( )      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 3 2

         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: 12 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 Honorable.
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: 1998013766 INDEX NUMBERS: A9218
Date of Review: 990210 A0100
Character of Service: GD A9201
Date of Discharge: 960320 A9317
Authority: AR 135-178
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    

Similar Decisions

  • ARMY | DRB | CY2001 | 2001058792

    Original file (2001058792.rtf) Auto-classification: Denied

    The evidence of record available to the Board shows that the applicant was discharged from the Army National Guard under the provisions of Chapter 13, AR 135-178 & paragraph 1-26k, by reason of unsatisfactory participation with a character of service of general, under honorable conditions. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. EXHIBITS: A - Application for review of discharge C -...

  • 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 | CY2000 | 2000044263

    Original file (2000044263.rtf) Auto-classification: Approved

    Change reason to Secretarial Authority under Section II, Paragraph 4-4, AR 135-178. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000044263 INDEX NUMBERS: A9456 Date of Review: 000823 A1200 Character of Service: EL A0100 Date of Discharge: 990601 Authority: AR 135-178 C6 Reason: A4900 Results of Board Action/ Vote/Affirmation: MD 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2001 | 2001056391

    Original file (2001056391.rtf) Auto-classification: Denied

    On 21 March 1995, the applicant was discharged. However, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted. AR Number: 2001056391 INDEX NUMBERS: A9217 Date of Review: 010809 A9221 Character of Service: EL A0113 Date of Discharge: 950321 Authority: AR 135-178 C5 Reason: A2900 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2000 | 2000048666

    Original file (2000048666.rtf) Auto-classification: Denied

    The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, voted to deny relief3. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000048666 INDEX NUMBERS: A9217 Date of Review: 010110 A9235 Character of Service: GD A0100 Date of Discharge: 990811 Authority: AR 135-178 Reason: A8400 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization...

  • ARMY | DRB | CY2003 | 2003086235

    Original file (2003086235.rtf) Auto-classification: Denied

    On 1 February 2000, the applicant was discharged. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2003086235 INDEX NUMBERS: A9321 Date of Review: 030924 A9217 Character of Service: EL A0143 Date of Discharge: 000201 Authority: AR 135-178 C6 Reason: A2800 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1999 | 1999024442

    Original file (1999024442.rtf) Auto-classification: Denied

    Accordingly, the Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. 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 - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A -...

  • ARMY | DRB | CY2003 | AR2003091767

    Original file (AR2003091767.doc) Auto-classification: Denied

    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 6 January 2003, the applicant was discharged. 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 - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE NONE SECTION B -...

  • ARMY | DRB | CY2004 | AR2004105392

    Original file (AR2004105392.doc) Auto-classification: Denied

    The Board noted that the applicant’s record contains a properly constituted discharge order indicating that he was discharged from the Army Reserve under the provisions of AR 135-178, with a general, under honorable conditions discharge. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed...

  • ARMY | DRB | CY1999 | 1999025023

    Original file (1999025023.rtf) Auto-classification: Approved

    The Board determined that the reason for discharge was proper and equitable and voted not to change it. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999025023 INDEX NUMBERS: A9218 Date of Review: 990428 A9236 Character of Service: GD A9412 Date of Discharge: 960419 A0100 Authority: AR 135-178 C7 Reason: A6730 Results of Board Action/ Vote/Affirmation: HD 3-2 A PART IX - VOTING RECORDName Reason Characterization...