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ARMY | DRB | CY1999 | 1999019280
Original file (1999019280.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

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

1. Character of Discharge: HD

2. Date of discharge (or REFRAD): 920312

3. Authority for separation:

         a. Regulation: Chapter 3, AR 635-100

          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:
                            MSM
a. Period entered for: NIF ARCOM(3)
b. Entry date: 860728 AAM(5)
c. Age: 28 Years DOB: 580615 NDSM
d. Educational level: Col Grad ASR
e. Aptitude area score:
          GT: NIF 3. Highest grade achieved:
f. Length of Service: O3
5 Year(s) 7 Month(s) 15 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. The Department of the Army Active Duty Board (DAADB) conducted a comprehensive and impartial review of the applicant’s military record under the provisions of Chapter 3, AR 635-200. This section provides for the involuntary release of officers whenever evidence reveals that he has committed a significant act of misconduct, moral or professional dereliction. After careful deliberation the Board recommended that the applicant be involuntary release from active duty with an honorable character of service. The Board further recommended that he should be referred to Commander, US Army Personnel Center, upon your release from active duty, for elimination from the US Army Reserve. The Deputy Assistant Secretary of the Army approved the Board’s recommendations.
         b. On 12 March 1992, the applicant was discharged under the provisions of Chapter 3, AR 635-100, by reason of misconduct with an HD. At the time of discharge, the applicant had completed 5 years, 7 months, and 15 days active military service.

         c. On 13 March 1992 the applicant was transferred to the USAR Control Group (REINF), ARPERCEN, ST. Louis, Missouri. On 11 April 1995 DA US Army Reserve Personnel Center, St. Louis, Missouri; Orders D-04532926 discharged the applicant from the US Army Reserve with a general discharge under the provisions of AR 135-175.

         d. The applicant is requesting a reason change to his honorable discharge (DD Form 214) releasing him from active duty and an upgrade of his general discharge (Orders D-04-532926) from the US Army Reserve.


2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-100 sets forth the basic authority for the separation of commissioned and warrant officers from the active Army. Chapter 3, Section XII, establishes policy and procedures for involuntary relief from active duty. Paragraph 3-49 (g) officers will be involuntarily released from active duty on the recommendation of the DA Active Duty Board (DAADB) for misconduct, moral or professional dereliction and/or when their degree of efficiency and manner of performance or the needs of the service require such action. Army Regulation 135-175 sets forth the basic authority for the separation of commissioned and warrant officers from the US Army Reserve.

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 990611, with five (5) 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 25 August 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: ( ) Recharacterization ( X ) 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), (2), and (3) The issues are rejected. The Board carefully examined the available records and the documents submitted by the applicant. There was a full consideration of all faithful and honorable service as well as infraction of discipline, the extent thereof, and the seriousness of the offense. The Board concluded that the applicant's release from active duty was appropriate because his misconduct was not consistent with the Army's standards for acceptable personal conduct by officers in the United States military. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct. 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. The Board, being convinced that the reason for was 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: 1999019280 INDEX NUMBERS: A9217
Date of Review: 990825 A0100
Character of Service: HD A9201
Date of Discharge: 920312 A9445
Authority: AR 635-100 C3 A8100
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.      PO      X          X    





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