Upgrade.Vet

ARMY | DRB | CY1999 | 1999022445

Original file (1999022445.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): 940321

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:
                           GCMDL
a. Period entered for: 4 Years NDSM
b. Entry date: 900628 SWASM
c. Age: 17 Years DOB: 720901 KLM
d. Educational level: HS Grad ASR
e. Aptitude area score: OSR
         GT: 99 3. Highest grade achieved:
f. Length of Service: E4
3 Year(s) 8 Month(s) 24 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)
         921104 FTG (921030)(summarized)
         931026 Failed to be at your appointed place of duty (931018 and 19)(summarized)
         ___________________
         930316 Letter of reprimand – failed to report to your appointed place of
         duty on two different occasions

7. Court-Martial data: NONE

         a. SCM:
                  Date Offense(s)


         b. SPCM:
                  Date Offense(s)

         c. GCM:
                  Date Offense(s)

8.       Remarks: Bar to Reenlistment (930420)

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 8 February 1994, 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 an under other than honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, conditionally waived consideration of his case by an administrative separation board for no less favorable than an honorable discharge. The unit commander subsequently recommended waiver of further rehabilitative efforts and recommended separation with an under other than honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 8 March 1994, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.

         b. On 21 March 1994, the applicant was discharged with a general, under honorable conditions discharge. At the time of discharge, the applicant had
3 years, 8 months, and 24 days service on his current enlistment.

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 981203, with one (1) 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, D.C . on 24 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:
         ( X )   Additional issue(s) identified during review/hearing as follows:

Board Issue: (5) The characterization of service is too harsh.

         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.

(5) The issue is accepted. There was a full consideration of all
service including the infractions of discipline, the extent thereof, and the
seriousness of the offenses. The Board determined that the characterization
of service was inequitable because the applicant's generally acceptable
personal conduct and performance of duty 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), and (4) See Paragraph 3, below.

3. Response(s) to item(s) not addressed as decisional issue(s):

Inasmuch as the Board voted to grant the relief requested by the applicant, responses to the remaining issues is neither required nor renderred.

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. RIVERA
Case Reviewing Official

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis Date: 26 March 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 characterization of service 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: 1999022445 INDEX NUMBERS: A9218
Date of Review: 990324 A9202
Character of Service: GD A9207
Date of Discharge: 940321 A9205
Authority: (Regulation & Chapter) A9219
Reason: A6750 A0100
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

Similar Decisions

ARMY | DRB | CY2001 | 2001061495

Original file (2001061495.rtf) Auto-classification: Denied

Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material...
ARMY | DRB | CY2004 | AR20040002859

Original file (AR20040002859.doc) Auto-classification: Denied

Court-Martial data: a. SCM: Date Offense(s) b. SPCM: Date Offense(s) 931008 Violation of a lawful general regulation; assaulting another soldier with a pistol and through negligence, discharged a firearm in the barracks. On 10 March 1994, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification...
ARMY | DRB | CY2000 | 2000042729

Original file (2000042729.rtf) Auto-classification: Denied

On 28 October 1994, the applicant was discharged. 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
ARMY | DRB | CY2000 | 2000037994

Original file (2000037994.rtf) Auto-classification: Denied

A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990629. 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 MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J....
ARMY | DRB | CY2003 | 2003084561

Original file (2003084561.rtf) Auto-classification: Approved

SECTION B - Prior Service Data NONEOther discharge(s): ServiceFromToType Discharge PART IV - PREHEARING REVIEWSECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances:The evidence of record shows that on 21 November 1997, 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, with a general, under honorable conditions discharge. The Board determined that the reason for discharge...
ARMY | DRB | CY2003 | AR2003096239

Original file (AR2003096239.doc) Auto-classification: Denied

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. The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized. 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 -...
ARMY | DRB | CY2001 | 2001061373

Original file (2001061373.rtf) Auto-classification: Approved

On 25 February 1998, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter l0, AR 635-200 in lieu of trial by court-martial. 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. EXHIBITS: A -...
ARMY | DRB | CY2000 | 2000035818

Original file (2000035818.rtf) Auto-classification: Approved

The evidence of record shows that on 17 March 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, AR 135-178 by reason of misconduct-abuse of illegal drugs, with an honorable discharge. Legal/Regulatory Basis for Separation Action : Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. The Board carefully examined the...
ARMY | DRB | CY2003 | AR2003095806

Original file (AR2003095806.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. His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200 by reason of misconduct-minor disciplinary infractions, with a general, under honorable conditions discharge. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case...
ARMY | DRB | CY2003 | AR2003095758

Original file (AR2003095758.doc) Auto-classification: Approved

The Board also noted that his unit commander recommended that the applicant be released with an honorable characterization of service. Regulations currently in effect list the reason for the applicant’s release from active duty as “Physical Standards.” Accordingly, the Board voted to change the narrative reason on the DD Form 214 to “Physical Standards” with a corresponding separation code of “LFT.” (1-5) The issues are rejected. ( X ) Other (See remarks below) Remarks: This action entails...

Search Decisions

Decision Text

ARMY | DRB | CY1999 | 1999022445

Similar Decisions