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ARMY | DRB | CY1999 | 1999025016

Original file (1999025016.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): 910816

3. Authority for separation:

         a. Regulation: Chapter 13, AR 635-200

         b. Reason: Unsatisfactory Performance

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: 891108
c. Age: 18 Years DOB: 710822
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 103 3. Highest grade achieved:
f. Length of Service: E3
1 Year 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: NONE

Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other

6. Nonjudicial punishment:

         Date     Offense(s)
         910509 (NIF) (Summarized) Missing formation.
910524 FTG (910507).


____________________________________________________________________________
         901207 Administrative : Letter of reprimand–willfully disobeyed a lawful
order by SGT (901116)

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 (910517).

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 26 July 1991, 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 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. On 13 August 1991, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a GD.

         b. On 16 August 1991, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 1 year, 9 months, and 9 days of active military service.

         c. The applicant’s record shows that he completed almost 2 years of service and that the highest rank he attained while on active duty was private first class/E-3. His disciplinary record includes his acceptance of two Article 15’s: the first on 9 May 1991, summarized, for missing formation; and the second on
24 May 1991, for failing to go to his prescribed place of duty which included a reduction in rank to private/E-2. The applicant also had received several counseling statements for a myriad of minor disciplinary infractions and had been barred from reenlistment on 21 May 1991. The bar was imposed based on the applicant’s multiple incidents of failing to report to his prescribed place of duty and being late for duty; in addition, an incident of disobeying a lawful order was included in the support for the bar action. Based on the disciplinary history outlined above the applicant’s unit commander processed him for separation for unsatisfactory performance.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.

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 990308, 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 28 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), (2), and (3) The issues are rejected. The Board noted the applicant’s contentions that, in effect, he was in constant pain which impacted his ability to make sound judgements; that he was immature and easily influenced into accepting the separation action; and that when he expressed a desire to receive a medical discharge there was a rush to get him out of the Army. However, after carefully examining the applicant’s record for the period of enlistment under review, the Board concluded that the applicant’s discharge was appropriate. There is no evidence of record and the applicant has submitted no probative medical evidence that he had a medical problem which rendered him disqualified for further military service and that he was not able to perform his duties, with either medical limitation or medication. Further, the applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous; that his immaturity impacted his ability to serve; or that his record of service mitigated his poor duty performance. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

(4) The issue is rejected. The Board noted the applicant’s comments outlining his successful accomplishments and that he has been a productive citizen since his separation from active duty. The applicant is to be commended for his efforts. However, these accomplishments do not provide the Board a basis upon which to grant 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: 1999025016 INDEX NUMBERS: A9217
Date of Review: 980428 A9221
Character of Service: GD A9301
Date of Discharge: 910816 A9321
Authority: AR 635-200 C13 A0100
Reason: A4900
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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ARMY | DRB | CY1999 | 1999025016

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