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ARMY | DRB | CY1999 | 1999017372
Original file (1999017372.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): 840806

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct-Commission of a Serious Offense
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            NONE
a. Period entered for: 3 Years
b. Entry date: 831007
c. Age: 23 Years DOB: 600830
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 115 3. Highest grade achieved:
f. Length of Service: E4
0 Years 9 Months 5 Days

4. Performance evaluations:
NONE

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

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 840515-840516

         Mil conf; 840620-840628

         Civil conf 840118-840131

         Other


6. Nonjudicial punishment: NONE
         Date     Offense(s)
        


7. Court-Martial data:

         a. SCM:
                  Date Offense(s)
840425  Disobeying a lawful order (840321)
        Wrongfully using marijuana (Between 840227 and 840306)
                  840619 AWOL (840515-840517); FTG, two specifications, (840608);
wrongfully engaging in a fight with PFC, PVTs, (840603)
        
         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
         RA 801002 831006 HD



PART IV - PREHEARING REVIEW

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

         a. Note: Facts and circumstances pertaining to applicant’s discharge proceedings under the provisions of Chapter 14, AR 635-200, misconduct-commission of a serious offense, are not in the file. On 19 June 1984, the applicant was found guilty by summary court-martial of AWOL (840515-840517); FTG, two specifications, (840608); wrongfully engaging in a fight with a PFC and two Privates, (840603). Orders 151-6, on 6 August 1984, DA, HQ, 1 st Infantry Division (Mech) and Fort Riley, KS, discharged applicant from the Regular Army. Applicant signed DD Form 214, indicating following facts: Character of service-Under Other Than Honorable Conditions (UOHC) discharge; Authority for separation-Chapter 14, AR 635-200; Narrative reason for Separation-Misconduct-Commission of a Serious Offense.

         b. On 6 August 1984, the applicant was discharged with a UOHC discharge. At the time of discharge, the applicant had completed 9 months and 5 days of his current enlistment and a total of 3 years, 9 months and 8 days of active military service.

         c. The applicant’s record shows that he had completed almost four years of service; attained the rank of specialist/E-4; and completed an overseas tour in Korea. The record does contain the following adverse information: a conviction by summary court-martial on 25 April 1984 for violation of Articles 92 for disobeying a lawful order, and 134 for wrongfully using marijuana which included a reduction in rank to private first class/E-3 as part of the sentence; and a second conviction by summary court-martial on 19 July 1984 for violations of Articles 86, for being AWOL from 15 to 17 May 1984 and for two incidents of failing to go to his prescribed place of duty on 8 June 1984; and for violation of Article 116, for participating in a breach of the peace by engaging in a fist fight on 3 June 1984 for which he was reduced in rank to private/E-1. Although the record is void of facts and circumstances pertaining to the applicant’s discharge it does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), authenticated by the applicant, which documents the characterization of service and the reason for discharge.

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 980916, with three (3) 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:
         ( ) Records review ( X ) Hearing

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

         c. Review/hearing location and date:
(1) Video Recording Site: St. Louis, Missouri on 12 January 1999.
(2) Board Site: Washington D.C. on 15 January 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. 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) and (2) The issues are rejected. The Army Discharge Review Board (ADRB) carefully examined the applicant’s record of service for the enlistment under review and heard his testimony. The ADRB acknowledges the applicant's successful alcohol treatment and noted his service in the National Guard. 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.

(3) The issue is rejected. The Board evaluated the applicant’s contention that his court-martial conviction was inequitable because in effect, the presiding officer was not impartial, the charges were not valid, and all his witnesses were not heard. However, after carefully examining the applicant’s record and hearing his testimony, the Board concluded that these claims were not corroborated by either the evidence of record or the independent evidence submitted by the applicant. Although, the applicant’s record is void of facts and circumstances concerning events that led to a discharge from the Army, it does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant. This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process. The Board, being convinced that the reason for discharge and the characterization of service were 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       

                                 
LTC SUZANNE WALKER
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:

 AD Number: 9801848 INDEX NUMBERS: A9217
Date of Review: 980115 A9221
Character of Service: UD A9333
Date of Discharge: 840806 A0100
Authority: AR 635-200 C14
Reason: A6730
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    






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