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ARMY | DRB | CY1999 | 1999025598
Original file (1999025598.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): 900207

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:
                            GCMDL(3)
a. Period entered for: 4 Years NCOPDR(2)
b. Entry date: 871204 OSR(2)
c. Age: 28 Years DOB: 590726
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 108 3. Highest grade achieved:
f. Length of Service: E5
2 Years 2 Months 4 Days

4. Performance evaluations:
See OMPF

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: NONE
         Date     Offense(s)
        


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

Other discharge(s):

          Service   From      To        Type Discharge
         RA 781003 810507 HD
         RA 810508 871202 HD



PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
         a. Evidence of record shows that on 11 December 1989, 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 an under other than honorable conditions (UOHC) discharge. The applicant was advised of his rights, consulted with legal counsel, and was advised of the impact of the discharge action. The applicant completed a conditional waiver of his right to consideration of his case by an administrative separation board, contingent on receiving a discharge no less favorable general, under honorable conditions (GD), and he submitted a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action and of the applicant’s conditional waiver for a GD. On 23 January 1990, the separation authority approved the applicant’s separation; accepted his conditional waiver; and directed he be separated with a GD.

         b. On 7 February 1990, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 2 years, 2 months, 4 days of his current enlistment, and a total of 11 years, 4 months and 5 days of active military service.

         c. The applicant’s record indicates that he completed over 11 years of service; attained the rank of sergeant/E-5; completed an overseas tour in Italy, that he served 31 months in Norway, and 20 months in Germany. The record also indicates the applicant received three Good Conduct Medals and two Overseas Service Ribbons. There is no record of nonjudicial punishment or court-martial. However, he was disqualified from the personnel reliability program (PRP) based on his poor attitude and his lack of motivation toward the PRP; he had an extensive record of indebtedness; and he had received a DUI conviction by civil authorities. The unit commander processed the applicant for separation for a pattern of misconduct, citing the preceding incidents and his poor duty performance as the basis for the action, and recommended he receive a UOHC discharge. The applicant completed a conditional waiver of his right to an administrative separation board, contingent on his receiving a discharge no less favorable than GD. His conditional waiver was accepted by the separation authority and he was discharged accordingly.

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 990410.
         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 26 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 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, since his discharge he has cleared up his finances and has been a productive and participating citizen. The Board commends the applicant on his post service conduct and accomplishments; however, these factors do not mitigate the applicant’s misconduct sufficiently to warrant relief. After carefully examining the applicant's record of service for the period of enlistment under review, the Board found that the applicant’s discharge was appropriate and administered under the terms of his own conditional waiver. The quality of the applicant’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated his misconduct and 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.

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: 1999025598 INDEX NUMBERS: A9217
Date of Review: 990526 A9221
Character of Service: GD A0100
Date of Discharge: 990207
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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