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ARMY | DRB | CY1999 | 1999025815

Original file (1999025815.rtf) Auto-classification: Approved

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): 940223

3. Authority for separation:

         a. Regulation: Paragraph 14-12b, 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:
                           AAM
a. Period entered for: 4 Years GCMDL
b. Entry date: 920917
c. Age: 22 Years DOB: 700602
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 110 3. Highest grade achieved:
f. Length of Service: E4
1 Year 5 Months 7 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)
         __________________________________________________________________
         930504 Administrative: Letter of reprimand–Disrespectful to a
Noncommissioned Officer (NCO) (930411).

7. Court-Martial data: NONE

         a. SCM:
                  Date Offense(s)


         b. SPCM:
                  Date Offense(s)

         c. GCM:
                  Date Offense(s)

8.       Remarks: During review of this case the Board noted an administrative error in block 25 (Authority for Separation) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) issued the applicant at discharge. The authority listed on the existing DD Form 214 is Paragraph 12-12b, AR
635-200, the correct authority as approved should have been Paragraph 14-12b, AE 635-200.

                  Bar to Reenlistment (931026).

SECTION B - Prior Service Data

Other discharge(s):

         Service From      To        Type Discharge
         RA 890118 920916 HD

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. The evidence of record shows that on 7 January 1994, 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 a general, under honorable conditions discharge (GD). The applicant was advised of her rights, consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf. On 26 January 1994, the Deputy Staff Judge Advocate determined the separation action was legally sufficient. On 29 January 1994, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a GD.

         b. On 23 February 1994, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 1 year, 5 months, and 7 days of her current enlistment, and a total of 5 years, 1 month and 6 days of active military service.

         c. The applicant’s record shows that she completed just over 5 years of service; attained the rank of specialist/E-4; and earned an Army Achievement Medal and a Good Conduct Medal. The applicant’s disciplinary history for the period of enlistment under review, includes multiple incidents of dishonored checks and failure to pay just debts. The applicant was also counseled for her poor attitude, and for being disrespectful to an NCO which resulted in a letter of reprimand. On 26 October 1993, a bar to reenlistment was imposed on the applicant based on three separate incidents of dishonored checks; in addition, the commander listed the following, as other factual and relevant indicators of the applicant’s untrainability and unsuitability in support of the bar action: a suspension of the applicant’s check cashing privileges; counseling for personal finances and poor duty performance; counseling for failure to follow instructions; and counseling for being disrespectful toward a senior NCO. The unit commander initiated separation action on the applicant for a pattern of misconduct, citing the bar to reenlistment, indebtedness, and dishonored checks as the basis for taking 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 990330, with three (3) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 149, dated 990308.

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 2 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 ( X ) 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), (3), and (4) The issues are rejected. The Board noted the applicant’s contentions that, in effect, her discharge was inequitable because the incidents of indebtedness on which it was based were the fault of her husband; that she cleared up the isolated incidents of bad checks as soon as she was notified of them; that her legal counsel indicated the basis for her discharge was not sufficient; and that her record of service was good. However, after carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board found no evidence of arbitrary or capricious actions by the command. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The Board, being convinced that the reason for discharge and the characterization of service, approved by the separation authority, were both proper and equitable, voted to deny relief.

(5) The issue is rejected. The Board noted the applicant’s contention that she would like her reentry (RE) code changed in order to pursue federal employment. Changing RE codes is not within purview of the Army Discharge Review Board; however, the Board did conclude that RE code of 3 assigned the applicant at discharge was proper based on the reason for her separation, and was issued in accordance with applicable Army regulations. Finally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.

3. Response to item not addressed as decisional issue:

During review of the case the Board found an administrative error in block
25 (Separation Authority) of the DD Form 214 issued the applicant at her discharge. Therefore, the Board directed, in Part VIII of this document, that the administrative error be corrected.

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

TO: ARBA Support Division-St Louis Date: 4 June 1999

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis to issue the applicant a DD Form 2l5 which reflects the directed administrative correction below:

( X )    Change the separation authority, block 25 of the DD Form 214, to Paragraph 14-12b, Chapter 14, AR 635-200.

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: INDEX NUMBERS: A9217
Date of Review: A9405
Character of Service: A9445
Date of Discharge: A9411
Authority: (Regulation & Chapter) A0100
Reason: A
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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ARMY | DRB | CY1999 | 1999025815

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