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ARMY | DRB | CY1999 | 1999024935
Original file (1999024935.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): 930511

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct-Pattern of Misconduct
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            BSM (NIF) CIB (NIF)
a. Period entered for: 4 Years NDSM
b. Entry date: 900731 ASR
c. Age: 20 Years DOB: 690803 OSR
d. Educational level: HS Grad SWASMDL
e. Aptitude area score: KLM
          GT: 93 3. Highest grade achieved:
f. Length of Service: E4
2 Years 9 Months 9 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 O

         Mil conf O

         Civil conf 920226-920227;

         Other 0


6. Nonjudicial punishment:

         Date     Offense(s)
         920430   (Summarized) DOLO from an NCO (920428); Disrespect to an NCO (920428).
         921123   (Summarized) Disorderly conduct, Under the influence of alcohol, and Assault.
         930406   Unlawfully strike an unknown male (930131); Wrongfully communicate a threat to SGT(930131) Disorderly (930131)

         __________________________________________________________________________
          921118   (Administrative) Letter of reprimand-assault of an Air Force Security Policeman.
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 29 April 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—pattern of misconduct, with a recommendation for honorable discharge (HD). The applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and voluntarily waived consideration of his case by an administrative separation board contingent on receiving a discharge no less favorable than a general, under honorable conditions discharge (GD), and elected not to submit a statement in his own behalf. On 4 May 1993, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a GD.

         b. On 11 May 1993, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 2 years, 9 months, and 9 days of active military service.

         c. The applicant’s record shows that he completed almost 3 years of service; that he attained the rank of specialist/E-4; that he completed an overseas tour in Germany and had combat service in Operation Desert Storm; and that he earned the Southwest Asia Service Medal, the Kuwait Liberation Medal, and the Overseas Service Ribbon; in addition, although not documented in the available records, the applicant provided orders indicating that he earned the Combat Infantryman Badge and the Bronze Star Medal for achievement during his participation in Operation Desert Storm. His disciplinary record includes his acceptance of three Article 15’s: the first on 30 April 1992, summarized, for disobeying a lawful order and disrespect to an NCO; the second on 23 November 1992, summarized, for disorderly conduct and assault; and the third on 6 April 1993, for unlawfully striking an unknown male, wrongfully communicating a threat, disorderly conduct which resulted in his reduction to private/E-2. The applicant also receive a letter of reprimand for assaulting an Air Force Security Policeman. The unit commander processed the applicant for separation for a pattern of misconduct and recommended he receive an HD; however, the applicant completed a conditional waiver contingent on receiving a GD which was the result of the separation authorities decision.

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 990225, 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:
         ( X ) Records review ( ) Hearing

         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington, DC on 14 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, in effect, his discharge was based on two minor incidents and were the result of jealousy. However, the Board concluded that the applicant’s misconduct constituted a departure from the standards of conduct expected of soldiers in the Army. Having examined all the circumstances, the Board determined that the applicant's misconduct did indeed adversely affect the quality of his service, bring discredit on the Army, and was prejudicial to good order and discipline. This misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

 (2) The issue is rejected. Although it appears, from the documentation enclosed with his application, that the applicant has a valid case for adding the awards to his records, this action is not within the purview of the Army Discharge Review Board (ADRB). The ADRB may only change the characterization or reason for discharge. The applicant should address his case for adding awards to his DD Form 214 (Certificate of Release or Discharge from Active Duty) by making application to the Army Board for Correction of Military Records (ABCMR), utilizing the DD Form l49 enclosed. The applicant should include in his application to the ABCMR any justification for the request along with any supporting documentation.

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. ADRAINCE
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: 1999024935 INDEX NUMBERS: A9217
Date of Review: 990414 A9235
Character of Service: GD A9445
Date of Discharge: 930511 A0100
Authority: AR 635-200 C14
Reason: A6700
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    





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