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ARMY | DRB | CY1999 | 1999024877
Original file (1999024877.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): 940909

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:
                            JSAM
a. Period entered for: 3 Years
b. Entry date: 93023
c. Age: 34 Years DOB: 581102
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 101 3. Highest grade achieved:
f. Length of Service: E4
1 Year 5 Months 15 Days

4. Performance evaluations:
NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL

         Mil conf

         Civil conf 940428-940429

         Other


6. Nonjudicial punishment: NONE
         Date     Offense(s)
        


7. Court-Martial data:

         a. SCM:
                  Date Offense(s)
931210 False statement (930608)
        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: NONE
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         USAR 811113 820326 HD
         USAR 820327 871022 HD
         USAF 871023 900110 NA
         USAR 900111 910124 NA
         RA 910125 910916 HD
         USAR 910917 930322 HD



PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
         a. Evidence of record shows that on 5 July 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—commission of a serious offense, with a recommendation for a general, under honorable conditions discharge (GD). The applicant was advised of her rights, consulted with legal counsel, was advised of the impact of the discharge action, completed a conditional waiver of her right to an administrative separation board of officers contingent on her receiving an honorable discharge (HD), and elected not to submit a statement in her own behalf. The intermediate commander and senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a GD. On 3 August 1994, the separation authority disapproved the applicant’s conditional waiver request and directed an administrative separation board of officers be convened to consider the case. On 25 August 1994, an administrative board of officers convened, with the applicant and her counsel present, and recommended the applicant be separated for misconduct and that she receive a GD. On 30 August 1994, the separation authority approved the findings of the board and directed that the applicant be discharged with a GD.

         b. On 9 September 1994, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 1 year, 5 months, and 15 days of her current enlistment; 4 years, 7 months, 9 days of active military service, and a total of 13 years, 1 month and 8 days of credible military service.

         c. The applicant’s record shows that she completed over 13 years of combined active duty and inactive reserve service; that the highest rank she attained while on active duty during the period of service under review was specialist/
E-4; and that she had earned an Army Commendation Medal, a Joint Service Achievement Medal, an Army Achievement Medal, an Air Force Achievement Medal, and the Good Conduct Medal. Her disciplinary record includes a conviction by summary court-martial for making a false statement, an extensive record of counseling for financial mismanagement, multiple incidents of writing bad checks, and several incidents of failures to repair. The applicant also had 2 days of time lost due to being confined by civil authorities for writing bad checks. The unit commander cited the applicant’s disciplinary history as outlined above as the basis for processing her 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 981019.
         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 21 April 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) The issue is rejected. The Board noted the applicant’s contention that her discharge was based on one isolated incident in her 13 years of service. However, after carefully examining the applicant’s record of service for the period of enlistment under review, the Board concluded that the applicant's discharge was appropriate. The quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By misconduct and poor duty performance, the applicant diminished the quality of her service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that her service mitigated the misconduct. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.


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: 1999024877 INDEX NUMBERS: A9217
Date of Review: 990421 A9235
Character of Service: GD A0100
Date of Discharge: 940909
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.      Mbr      X          X    

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