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ARMY | DRB | CY1999 | 1999023253
Original file (1999023253.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): 930803

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct-Commission of a Serious Offense
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            NDSM
a. Period entered for: 4 Years ASR
b. Entry date: 901129
c. Age: 18 Years DOB: 720403
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 89 3. Highest grade achieved:
f. Length of Service: E3
2 Years 8 Months 5 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)
         930610 Wrongfully receive an AT&T calling card number, the property of another soldier, between (920807 and 920824)

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 (930128)
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 14 July 1993, 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 an honorable discharge (HD). The applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement in his own behalf. The unit commander subsequently recommended separation; however, changed his characterization of service recommendation to a general, under honorable conditions discharge (GD). The intermediate commander reviewed the proposed action and recommended approval of the separation with a GD. On 19 July 1993, the separation authority directed that the applicant be discharged with a GD.

         b. On 3 August 1993, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 2 years, 8 months, and 5 days of active military service.

         c. The applicant’s record shows that he completed almost three (3) years of service and the highest rank he attained while on active duty was private first class/E-3. 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 an Article 15 on 10 June 1993 for wrongfully receiving an AT&T calling card number which resulted in his reduction to private/E-1. The record also contains numerous counseling statements for a myriad of disciplinary infractions, and a bar to reenlistment certificate which was imposed on 28 January 1993. The justification for the imposition of the bar to reenlistment was the applicant’s long history of not being at his appointed place of duty; his being late for formations and alcohol abuse counseling; his exhibited insubordinate behavior; and his writing bad checks. The unit commander cited these same offenses as the basis for his processing the applicant for separation.

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 981210.
         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:
         ( X )   Additional issue(s) identified during review/hearing as follows:

Board Issue: (5) The narrative reason for discharge is inequitable.
         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.

 (5) The issue is accepted. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the Board voted to change the narrative reason on the DD Form 214 to misconduct. The Board was satisfied that the characterization of service was proper and equitable, and voted not to change it.
(1) and (2) The issues are rejected. The Board noted the applicant’s contentions that, in effect, his overall record of service was mostly good; and that his disciplinary record was primarily based on minor offenses. However, after carefully examining the applicant’s record of service for the period of enlistment under review, the Board concluded that the misconduct in the applicant's record was not outweighed by prior or subsequent service of sufficient merit to warrant relief beyond that already granted in response to issue (5) above.

(3) and (4) The issues are rejected. The Board noted the applicant’s contentions that, in effect, his youth and immaturity impaired his ability to serve; and that he tried to serve but just couldn’t. However, the Board found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service. Further, 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. Finally, the Board concluded that the applicant’s misconduct clearly diminished the quality of his service below that meriting a fully honorable discharge.


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.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( X )    Inequitable as to reason. Change reason to Misconduct
                  under Chapter 14, AR 635-200 .
         ( )      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 5 0
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

TO: ARBA Support Division-St Louis Date: 2 April 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 narrative reason for discharge to Misconduct
                  under Chapter 14, AR 635-200 .


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: 1999023253 INDEX NUMBERS: A9402
Date of Review: 990331 A9201
Character of Service: GD A9217
Date of Discharge: 930803 A9301
Authority: AR 635-200 C14 A9317
Reason: A6730 A0100
Results of Board Action/
Vote/Affirmation: MD 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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