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ARMY | DRB | CY1999 | 1999024991
Original file (1999024991.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): 981104

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:
                            ASR
a. Period entered for: 4 Years
b. Entry date: 961001
c. Age: 20 Years DOB: 760916
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 124 3. Highest grade achieved:
f. Length of Service: E2
2 Years 1 Month 4 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)
         970706   Wrongfully purchasing and drinking vodka (970210)
         980129   (Summarized) Failure to obey a lawful regulation (980127).
         980206   (Summarized) Incapacitated for the proper performance of his duties due to previous overindulgence of intoxicating liquor or drugs (980205
         980826   Physically control a vehicle while impaired by alcohol (980510)
          ____________________________________________________________________________
         980717   (Administrative) Letter of reprimand – operating a vehicle while
                           intoxicated, breath alcohol content of 0.176 (980510).
7. Court-Martial data:

         a. SCM:
         Date Offense(s)
         980928 Disrespect toward a LTC, three specifications (980706);
 willfully disobey, two specifications (980706); assault, three
specifications (980706); unlawfully push a PV2 in the chest
(980706); drunk and disorderly (980706).
        
         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. The evidence of record shows that on 28 October 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, declined legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement in his own behalf. The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a GD. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a GD.

         b. On 4 November 1998, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 2 years, 1 month, and 4 days of active military service.

         c. The applicant’s record shows that he completed over 2 years of service and the highest rank he attained while on active duty was private/E-2. His disciplinary record includes his acceptance of four Article 15’s: the first on
6 July 1997, for wrongfully purchasing and drinking vodka which resulted in his reduction to private/E-1; the second on 29 January 1998, summarized, for failure to obey a lawful general regulation; the third on 6 February 1998, summarized, for being incapacitated for the proper performance of his duty due to previous overindulgence of liquor or drugs; and the fourth on 26 August 1998, for being physically in control of a vehicle while impaired by alcohol which resulted in his reduction to private/E-1. The record also shows that on 28 September 1998 the applicant was tried and convicted by Summary Court-Martial for 15 violations of Articles 89, 91, 92,128, and 134 of the UCMJ. He was sentenced to 30 days of confinement and a forfeiture of $600.00. The unit commander processed the applicant for separation for the commission of a serious offence, citing the applicant’s disrespect to an NCO, willful disobedience to an NCO, assault of an NCO, and failure to comply with general regulations as the basis for the action.

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 990329.
         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 30 June 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 applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.



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: 1999024991 INDEX NUMBERS: A9217
Date of Review: 990630 A9500
Character of Service: GD A0100
Date of Discharge: 981104
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    





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