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ARMY | DRB | CY1999 | AR1999019191

Original file (AR1999019191.rtf) Auto-classification: Approved

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): 840120

3. Authority for separation:

         a. Regulation: Chapter 13, AR 635-200

         b. Reason: Unsatisfactory Performance

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 (9 mos ext) ASR
b. Entry date: 810105 (820727)
c. Age: 32 Years DOB: 480209
d. Educational level: 15 Years
e. Aptitude area score:
         GT: 125 3. Highest grade achieved:
f. Length of Service: E5
3 Years 0 Months 16 Days

4. Performance evaluations:
See OMPF

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)
         830916   Incapacitated for the proper performance of your duties, as a result of previous over indulgence in intoxicating liquor (830829).

7. Court-Martial data: NONE

         a. SCM:
                  Date Offense(s)


         b. SPCM:
                  Date Offense(s)

         c. GCM:
                  Date Offense(s)

8.       Remarks: (1) A bar to reenlistment was imposed on the applicant on
12 October 1983.

(2) During the review of this case the Army Discharge Review
Board (ADRB) noted that the applicant’s record contained an order awarding the applicant an Army Achievement Medal, which was not documented in the DD Form 214 (Certificate of Release or Discharge from Active Duty) issued him at the time of his discharge. However, corrections to the awards portion of the
DD Form 214 is not within the purview of the ADRB, the ADRB is only empowered to change the characterization of service or the reason for discharge. The proper venue for this action is the Army Board for Correction of Military Records (ABCMR). If the applicant wishes to pursue this issue he may make application to the ABCMR utilizing the DD Form 149 enclosed with this document.

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 evidence of record shows that on 15 December 1983, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance. The applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval with an honorable discharge (HD). On 13 January 1984, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge (GD).

         b. On 20 January 1984, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 3 years and 16 days of active military service.

         c. The applicant’s record shows that he completed just over 3 years of service; attained the rank of specialist/E-5; and earned the Army Achievement Medal. Although the record does not contain the specific vehicle, it clearly shows the applicant was reduced in rank from specialist/E-5 to spcialist/E-4 on
5 July 1981. The recorded disciplinary record includes the applicant’s acceptance of an Article 15 on 16 September 1983, for being incapacitated for the performance of his duties based on previous over indulgence of intoxicating liquor which resulted in his reduction to private first class/E-3. The evidence of record shows that the applicant was enrolled in Track I of ADAPCP on
13 September 1983, and Track II on 13 October 1983. On 20 October 1983, applicant was barred from reenlistment based on his failure to obey a lawful order; two incidents of insufficient funds in his checking account; and for repeated abuse of alcohol and displays of public drunkenness. The unit commander processed the applicant for separation based on unsatisfactory performance citing his overall disciplinary record.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.

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 990117, with two (2) 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 Examiner
         ( ) Tender Offer

         c. Review/hearing location and date:
         Video Site: Chicago, Illinois on 11 June 1999.
         Board Site: Washington D.C. on 17 June 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:
         ( X )   Additional issue(s) identified during review/hearing as follows:

Board Issue: (7) The characterization of service was too harsh.

         b. Request: ( X ) 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.

(7) The issue is accepted. There was a full consideration of all service, including the incidents which led to his separation for unsatisfactory performance. The Board noted that the applicant’s intermediate level commander recommended that he receive an honorable discharge. The Board determined that the characterization of service was inequitable because the overall quality of the applicant’s service mitigated the discrediting entries in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.

(1), (2), (3), (4), (5), and (6) The issues are rejected. After carefully examining the circumstances and events surrounding the applicant’s separation, the Board concluded that the reason for the applicant’s discharge was appropriate. The Board was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the Board voted to deny relief beyond that already granted in response to issue (7) above.

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                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to Honorable .
         ( )      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 5 0

         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

TO: ARBA Support Division-St Louis Date: 22 June 1999.

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

( X )   Change the characterization of the discharge to Honorable.

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: 1999019191 INDEX NUMBERS: A9218
Date of Review: 990617 A9308
Character of Service: GD A9330
Date of Discharge: 840120 A9406
Authority: AR 635-200 C13 A0100
Reason: A4900
Results of Board Action/
Vote/Affirmation: HD 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

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ARMY | DRB | CY1999 | AR1999019191

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