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ARMY | DRB | CY1999 | 1999017479
Original file (1999017479.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): 970218
3. Authority for separation:
         a. Regulation: Chapter 14, AR 635-200

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


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            AAM
a. Period entered for: 3 Years NDSM
b. Entry date: 941102 ASR
c. Age: 26 Years DOB: 671115
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 109 3. Highest grade achieved:
f. Length of Service: E3
2 Year(s) 3 Month(s) 17 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)
         950912   FTG (950824); (950825); (summarized)
         960911   FTG ((960729)

         ______________________________
         960605   Memorandum of reprimand-for driving under the influence of alcohol (administrative)

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

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: Civil court conviction for DUI on 12 June 1996 at the Municipal
                           Court, Hinesville, Georgia.

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 18 October 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of a pattern of misconduct and commission of a serious offense, with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his behalf. The unit commander subsequently recommended separation from the service, and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 18 October 1996, the CPT, JA OIC, Cell 1 determined the separation action to be legally sufficient. On 4 February 1997, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.

         b. On 18 February 1997, the applicant was discharged with a general, under honorable conditions discharge. At the time of discharge, the applicant had
2 years, 3 months, and 17 days service on his current enlistment.

         c. On 3 October 1996, a Medical Evaluation Board (MEB) determined that the applicant should be sent before a Physical Evaluation Board (PEB) to determine his medical fitness for continued military service. The PEB found that the applicant had the following medical condition: insulin dependent diabetes mellitus. A memorandum dated 24 January 1997, from the Staff Judge Advocate, 3 rd Infantry Division, Fort Stewart, to the Commander, 3 rd Infantry Division and Fort Stewart, states, in effect, that the applicant's entire chain of command concurred that the applicant should be processed for separation by reason of misconduct; that disability processing was not appropriate because there was no evidence that the applicant's disability caused or substantially contributed to his misconduct; and that the commanding general should direct that the applicant be processed for separation under the provisions of Chapter 14, AR 635-200, for misconduct. The commanding general directed separation as recommended above.

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 981210, with one (1) enclosure.
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 149, dated 990104.

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, D.C . on 17 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 Board carefully examined the applicant's record of service during the period of service under review. 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 noted that prior to proceeding with the separation process the chain of command concluded that the applicant should be discharged by reason of misconduct and that his medical condition did not mitigate that misconduct. Contrary to the applicant's contention, the Board found no evidence of arbitrary or capricious command action. The applicant has provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his medical condition mitigated his misconduct or poor duty performance. Furthermore, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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. RIVERA
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: 1999017479 INDEX NUMBERS: A9217
 Date of Review: 990217 A9411
Character of Service: GD A9321
Date of Discharge: 970218 A0100
Authority: AR 635-200 C14
Reason: A6000
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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