Search Decisions

Decision Text

ARMY | DRB | CY1999 | 1999020999
Original file (1999020999.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

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

1. Character of Discharge: UNCHAR

2. Date of discharge (or REFRAD): 910214

3. Authority for separation:

         a. Regulation:

         b. Reason: Completion of Active Duty Training

4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ASR
a. Period entered for: NIF
b. Entry date: 901017
c. Age: 20 Years DOB: 700317
d. Educational level: NIF
e. Aptitude area score:
          GT: NIF 3. Highest grade achieved:
f. Length of Service: E1
0 Years 3 Months 28 Days

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 available records show that the applicant completed his initial active duty for training and was released from active duty on 14 February 1991. The record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), authenticated by the applicant, which documents the following: Authority for Separation: Self terminating Order
117-012, dated 900614, Course 76J; Narrative Reason for Separation-Completion of period of active duty training; and Character of Service-Uncharacterized.

         b. On 14 February 1991, the applicant was discharged with an uncharacterized description of service, under the provisions of self-terminating Order 117-012, dated 900614, upon his completion of Course 76J. He was credited with 3 months and 28 days of active military service.

         c. Regulatory guidance indicates that the service of ARNGUS or USAR soldiers who are separated upon the successful completion of IADT, while still in an entry level status, will have their service described as uncharacterized. A ARNGUS/USAR soldier, who is not on a split training option, is in an entry level status for the first 180 days of active duty. The regulation makes clear that the uncharacterized description of service will be used even when the applicant successfully completes his IADT.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 provides the policy and procedure for separating soldiers at the completion of their term of service. Paragraph 4-2h states, in pertinent part, that ARNGUS and USAR soldiers who successfully complete a period of Initial Active Duty for Training (IADT) to which ordered, will out-processed per AR 612-201; and that the service of soldiers specified in this paragraph, who are in entry level status will be uncharacterized, even though they have completed their IADT successfully.

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 980722.
         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 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 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 noted the applicant’s contention that he would like his characterization of service upgraded to an honorable because that is how he left service. However, while the Board appreciates the applicant’s desire for an honorable discharge, it was determined that he was properly separated in accordance with applicable regulations. The Board noted that the applicant’s service was described as uncharacterized. By regulation, ARNGUS/USAR soldiers separating upon the completion of IADT, who has served for less than l80 days of active duty, will be given an uncharacterized description of service. This is not an adverse separation action and denotes only that the individual had less than l80 days on active duty. The Board, being convinced that the characterization of service and the reason for discharge were proper and equitable, voted to deny relief.

         b. Equity:       The applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this document.



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. ADRIANCE
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: 1999020999 INDEX NUMBERS: A9201
Date of Review: 990217 A9217
Character of Service: EL A0100
Date of Discharge: 910214
Authority: AR 635-200 C4
Reason: A6300
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 | 2001052214

    Original file (2001052214.rtf) Auto-classification: Approved

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 000926. The Board found the reason for discharge, completion of active duty for training, was both proper and equitable and voted not to change it. AR Number: 2001052214 INDEX NUMBERS: A0154 Date of Review: 010207 A9500 Character of Service: EL Date of Discharge: 910405 Authority: AR 635-200 C4 Reason: A0400 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2003 | AR2003095620

    Original file (AR2003095620.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. The Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report...

  • ARMY | DRB | CY1998 | 1998014474

    Original file (1998014474.rtf) Auto-classification: Denied

    The record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), authenticated by the applicant, which documents the following: Authority for Separation: Paragraph 4-2h, AR 635-200; Narrative Reason for Separation-Expiration of Term of Service; and Character of Service-Uncharacterized. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY1999 | AR1999029148

    Original file (AR1999029148.rtf) Auto-classification: Denied

    The Board, being convinced that the characterization of service and the reason for discharge were both proper and equitable, voted to deny relief. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKIM-SPILKER 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 AR Number: 1999029148...

  • ARMY | DRB | CY2001 | 2001051832

    Original file (2001051832.rtf) Auto-classification: Denied

    PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker 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 AR Number: 2001051832 INDEX NUMBERS: A0301 Date of Review: 010307...

  • ARMY | DRB | CY2004 | AR20040000287

    Original file (AR20040000287.doc) Auto-classification: Approved

    On 12 November 1998, the State of New Jersey, Department of Military and Veterans Affairs, Trenton, New Jersey, Orders 316-003, discharged the applicant from the Army National Guard and as a reserve of the Army, effective 26 November 1997, with an uncharacterized discharge. Remarks: The Board directs that the applicant’s discharge order from the Reserve of the Army be changed to reflect a characterization of service of general, under honorable conditions. SECTION B - CERTIFICATION Approval...

  • ARMY | DRB | CY2001 | 2001051575

    Original file (2001051575.rtf) Auto-classification: Denied

    Her DD Form 214 indicates that she was discharged under the provisions of Chapter 4, AR 635-200 by reason of completion of active duty training with an uncharacterized discharge and transferred to the 724 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S....

  • ARMY | DRB | CY2003 | AR2003096947

    Original file (AR2003096947.doc) Auto-classification: Denied

    Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. Minority...

  • ARMY | DRB | CY2004 | AR2004100723

    Original file (AR2004100723.doc) Auto-classification: Approved

    Evidence of record shows that on 19 February 2003, 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, under honorable conditions discharge. On 19 February 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. SECTION B -...

  • ARMY | DRB | CY2004 | AR20040001985

    Original file (AR20040001985.doc) Auto-classification: Approved

    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. ( X ) Change reason and authority for discharge to Secretarial Authority, AR 635-200. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW Lieutenant Colonel, U.S. Army Chief, Secretary Recorder EXHIBITS: A - Application for review of discharge C -...