Search Decisions

Decision Text

ARMY | DRB | CY1999 | 1999015374
Original file (1999015374.rtf) Auto-classification: Denied
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): 920521

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct-Pattern of Misconduct
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            NDSM
a. Period entered for: 4 Years SWASMw/1BSS
b. Entry date: 880803 ASR
c. Age: 17 Years DOB: 701116 OSR
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 120 3. Highest grade achieved:
f. Length of Service: E4
3 Year(s) 9 Month(s) 19 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:

         Date     Offense(s)
         910603 FOLO (910603)
         910617 FTG (910610)(summarized)

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. Evidence of record shows that on 14 April 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—pattern of misconduct, with a general discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived a hearing by a board of officers and did not submit a statement on his behalf. The unit commander recommended separation with a general discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable discharge. On 13 May 1992, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general discharge.

         b. On 21 May 1992, the applicant was discharged with a general, under honorable conditions discharge. At the time of discharge, the applicant had
3 years, 9 months, and 19 days service on his current enlistment.

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 981123, with four (4) 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 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:
         ( )     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) The issue is rejected. The record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that he was out-processing when his commander initiated discharge proceedings under the provisions of chapter 14-12b, AR 635-200. The Board found no evidence of arbitrary or capricious actions by the command. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

 (2) and (3) The issues are rejected. The Board carefully examined the applicant's record of service during the period of enlistment under review. Even though the applicant claims he had no disciplinary actions, the evidence of record indicates that he twice accepted punishment under the Uniform Code of Military Justice (UCMJ), that he had several counseling statements for dishonored checks, suspended charge privileges, and suspended driving privileges. There was a 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 applicant committed discrediting offenses that constituted a departure from the standards of conduct expected of soldiers in the Army. Having examined all the circumstances, the Board determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable 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. 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       

                                 
MRS. WADE
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: 1999015374 INDEX NUMBERS: A9217
Date of Review: 990203 A0100
Character of Service: GD A9411
Date of Discharge: 920521 A9203
Authority: AR 635-200 C14 A9201
Reason: A6750
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.      PO      X          X    





Similar Decisions

  • ARMY | DRB | CY2000 | 2000044392

    Original file (2000044392.rtf) Auto-classification: Denied

    However, in review of the applicant’s entire service record, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted. The Board, being convinced that the reason of discharge and the characterization of service were both proper and equitable, voted to deny relief.3. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2000 | 2000047606

    Original file (2000047606.rtf) Auto-classification: Denied

    On 21 May 1992, the applicant was discharged. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2000 | 2000043163

    Original file (2000043163.rtf) Auto-classification: Denied

    However, in review of the applicant’s entire service record, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S. Army President, Army...

  • ARMY | DRB | CY2001 | 2001060176

    Original file (2001060176.rtf) Auto-classification: Denied

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. 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 - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:GERARD...

  • ARMY | DRB | CY2003 | 2003083356

    Original file (2003083356.rtf) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested a hearing by a board of officers, and did not submit a statement in his own behalf. On 22 March 1995, the separation authority approved the board’s recommendation and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1999 | 1999025337

    Original file (1999025337.rtf) Auto-classification: Approved

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) The Board determined that the reason for discharge was proper and equitable and voted not to change it. AR Number: 1999025337 INDEX NUMBERS: A9218 Date of Review: 990505 A9322 Character of Service: UD A0100 Date of Discharge: 951116 Authority: AR 135-178 C7 Reason: A6770 Results of Board Action/ Vote/Affirmation: GD 5-0 A PART IX - VOTING RECORDName Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2000 | 2000045010

    Original file (2000045010.rtf) Auto-classification: Approved

    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 characterization of service no less favorable than a general, under honorable conditions discharge and did not submit a statement in his own behalf. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS Case Reviewing...

  • ARMY | DRB | CY2003 | 2003084661

    Original file (2003084661.rtf) Auto-classification: Approved

    SECTION B - Prior Service Data Other discharge(s): ServiceFromToType Discharge RA 881205 910603 Honorable PART IV - PREHEARING REVIEWSECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances:a. The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board and did not submit a statement in his own behalf. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report...

  • ARMY | DRB | CY2001 | 2001051972

    Original file (2001051972.rtf) Auto-classification: Approved

    However, the DD Form 214 in the applicant’s record indicates that he was separated under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial, with an under other than honorable conditions discharge and a separation code of KFS. The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. AR Number: 2001051972 INDEX NUMBERS: A9456 Date of Review: 010321 A1200 Character of Service: GD Date of...

  • ARMY | DRB | CY2001 | 2001052353

    Original file (2001052353.rtf) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The Board determined that the reason for discharge was proper and equitable and voted not to change it. Voting record: ChangeNo 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.