Search Decisions

Decision Text

ARMY | DRB | CY1999 | 1999022406
Original file (1999022406.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): 980430

3. Authority for separation:

         a. Regulation: AR 635-200, Paragraph 14-12c

          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:
                            ASR
a. Period entered for: 3 Years OSR
b. Entry date: 961002
c. Age: 21 Years DOB: 751021
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 124 3. Highest grade achieved:
f. Length of Service: E4
1 Year 6 Months 29 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:

         Date     Offense(s)
         970416   Drunk and disorderly and willfully destroying government property (970416) (summarized).
         970909   Unlawfully strike a private (970711).
         980122   Flee apprehension (971019); Violate a lawful general order (871019); Assault (971019); Drunk and disorderly (971019); and Broke restriction (971018).

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. Evidence of record shows that on 30 March 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of a serious offense, with a recommendation for a general, under honorable conditions discharge (GD). The applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and elected to submit a statement in his own behalf. On 3 April 1998 the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a GD. On 6 April 1998, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a GD.

         b. On 30 April 1998, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 1 year, 6 months and 30 days of active military service.

          c. The applicant’s record reflects that he completed 1 and ½ years of service; the highest rank he attained while on active duty was specialist/E-4; and that he completed an overseas tour in Korea. There are no documented acts of valor, significant achievement, or service warranting special recognition contained in the record. However, there is an extensive disciplinary history which includes his acceptance of three (3) Article 15’s: the first on
16 April 1997, summarized, for drunk and disorderly and willfully damaging government property; the second on 9 September 1997 for unlawfully striking a private which resulted in his reduction to private/E-1; and the third on
22 January 1998 for fleeing apprehension; violating a lawful general order; assault; drunk and disorderly; and braking restriction. The unit commander cited the offenses listed in the 22 January 1998 Article 15 as the basis for processing the applicant for separation for the commission of a serious offense.
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 990119.
         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 31 March 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), (2) and (4) The issues are rejected. The Board noted the applicant’s contentions that, in effect, his discharge was inequitable because it was based on two isolated incidents; and that he was separated in his first term of service without really being given a chance to adapt to military life; and that his separation packet contained false documentation concerning his military record. However, after carefully examining the applicant’s record of service for the period of enlistment under review, the Board concluded that the applicant’s misconduct was well documented, and clearly diminished the quality of his service below that meriting a fully honorable discharge. The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of nonjudicial punishment. The applicant failed to respond appropriately to these efforts. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

(3) The issue is rejected. The Board noted the applicant’s contention that, in effect, his discharge was inequitable because he contributed to and planned to use his Montgomery G.I. Bill. However, 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.
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:

 AD Number: 1999022406 INDEX NUMBERS: A9217
Date of Review: 990331 A9411
Character of Service: GD A9445
Date of Discharge: 980430 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    





Similar Decisions

  • ARMY | DRB | CY2000 | 2000035808

    Original file (2000035808.rtf) Auto-classification: Denied

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. The applicant waived legal counsel and consideration of his case by an administrative separation board, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE...

  • ARMY | DRB | CY2000 | 2000043842

    Original file (2000043842.rtf) Auto-classification: Approved

    The Board determined that the reason for discharge was proper and equitable and voted not to change it. Voting record: ChangeNo 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. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2000 | 2000045841

    Original file (2000045841.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 000803. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MS. WADE 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

  • ARMY | DRB | CY1999 | 1999017890

    Original file (1999017890.rtf) Auto-classification: Approved

    The applicant acknowledged notification, consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of my case by an administrative separation board and submitted a statement on his behalf. The Board determined that the reason for discharge was proper and equitable and voted not to change it.3. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1999 | AR1999018455

    Original file (AR1999018455.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) 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. AR Number: 1999018455 INDEX NUMBERS: A9217 Date of Review: 990519 A9319 Character of Service: GD A0100 Date of Discharge: 850418 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: NC 4-1 A PART IX - VOTING RECORDName...

  • ARMY | DRB | CY1999 | 1999026464

    Original file (1999026464.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990514. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE 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: 1999026464 INDEX NUMBERS: A9217 Date of Review: 990623 A9235 Character of...

  • ARMY | DRB | CY1999 | 1999024991

    Original file (1999024991.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE 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 EXHIBITS: A - Application for review of discharge C - Other B - Material submitted...

  • ARMY | DRB | CY1999 | 1999026537

    Original file (1999026537.rtf) Auto-classification: Denied

    The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE 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: 1999026537...

  • ARMY | DRB | CY2000 | 2000040369

    Original file (2000040369.rtf) Auto-classification: Denied

    On 4 May 1998, the applicant was discharged. The Board carefully reviewed the applicant’s record of service during the period of enlistment under review. AR Number: 2000040369 INDEX NUMBERS: A9217 Date of Review: 000509 A9235 Character of Service: GD A9445 Date of Discharge: 980504 A0100 Authority: AR 635-200 C14 Reason: A6770 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1999 | 1999034600

    Original file (1999034600.rtf) Auto-classification: Approved

    The Board determined that the characterization of service was inequitable given the applicant's otherwise generally acceptable personal conduct and performance over the majority of his enlistment period. The Board determined that the reason for discharge was proper and equitable and voted not to change it. Voting record: ChangeNo 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...