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ARMY | DRB | CY1999 | 1999025446
Original file (1999025446.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): 930816

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: 3 Years SWASMw/1BSS
b. Entry date: 900817 KLM
c. Age: 18 Years DOB: 720520 ASR
d. Educational level: HS Grad OSR
e. Aptitude area score:
          GT: 122 3. Highest grade achieved:
f. Length of Service: E3
3 Years 0 Months 0 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)
         920325            (NIF) Wrongful use of THC
         9205              (NIF) Drunk and Disorderly
          930505            (NIF) Wrongful use of THC and wrongful appropriation.

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 (930805)
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 available records contain the approval endorsement of the separation authority which directed that the applicant be discharged for the commission of a serious offense, and that he receive a general, under honorable conditions discharge (GD). There is also a copy of a completed medical examination which clears the applicant for separation under the provisions of either Chapter 9 or Chapter 14 of AR 635-200. The DD Form 214 (Certificate of Release or Discharge from Active Duty) in the record is unsigned by the applicant; however, it does support the separation authorities endorsement by documenting the following: Character of Service-General, Under Honorable Conditions; Authority for Separation-Paragraph 14-12c, AR 635-200; and the Narrative Reason for Separation-Misconduct, Commission of a Serious Offense.

         b. The DD Form 214 also reflects that on 16 August 1993, the applicant was discharged with a GD. At the time of discharge, the applicant had completed
3 years of active military service.

         c. The applicant’s records show that he completed 3 years of service; the highest rank he held on active duty was private first class/E-3; that he served in Operation Desert Storm for 2 months; and that he earned the Southwest Asia Service Medal and the Kuwait Liberation Medal. Although the specific documents are not in the available records, it is clear from other documentation that the applicant’s disciplinary record includes his acceptance of three Article 15’s: the first on 25 March 1992, for the wrongful use of marijuana which resulted in his reduction to private/E-2; the second during May 1992 for being drunk and disorderly; and the third on 5 May 1993 for the wrongful use of marijuana and for wrongful appropriation which resulted in his reduction in rank to private/E-1. A bar to reenlistment certificate was imposed on the applicant on 6 August 1993. This certificate lists three Article 15’s documented above as support for the action, and cites third time positive urinalysis test for THC use as the specific reason for taking the action. A separation physical examination on file, dated
1 June 1993, shows that the applicant was cleared for either Chapter 9 or Chapter 14, AR 635-200 separation. This would seem to indicate that the applicant had been a participant in the Army Drug and Alcohol Prevention Control Program (ADAPCP) at that time.

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 990326, 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 12 May 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 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 signed a DD Form 214 which indicated he was receiving an honorable discharge; that he thinks the basis for his receiving a GD was his first sergeant blaming him for a vandalism incident; and that the individual who actually caused the damage was caught later. 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 Board found an extensive list of discrediting entries in his service record which support the separation action taken, and determined that the favorable entries in the record did not mitigate the misconduct sufficiently to warrant relief. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

         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.

 (4) The issue is rejected. The Board noted the applicant’s contention that, in effect, he is unable to obtain education benefits unless he had an honorable discharge. However, this does not provide the Board a basis for granting relief. Eligibility for veteran's benefits, to include educational benefits under the Montgomery GI Bill, does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

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: 1999025446 INDEX NUMBERS: A0113
Date of Review: 990512 A0155
Character of Service: GD A9217
Date of Discharge: 930816 A9445
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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