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ARMY | DRB | CY1999 | AR1999023718
Original file (AR1999023718.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): 911129

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:
                            AAM (2)
 a. Period entered for: 4 Years NCOPDR(1)
b. Entry date: 880826 NDSM
c. Age: 23 Years DOB: 650219 ASR
d. Educational level: HS Grad OSR
e. Aptitude area score: SWASM/W 2bss
         GT: 96 3. Highest grade achieved:
f. Length of Service: E5
3 Years 3 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:

         Date     Offense(s)
         910617   With intent to deceive, making a false official statement(910520); Wrongfully leave the scene of an accident without making your identity known (910519)

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
         ARNG     831100   831113   NA
         ADT      831113   840302   HD
         ARNG     840303   851118   NA
         RA       851119   880825   HD



PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that on 30 August 1991, 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, consulted with legal counsel, was advised of the impact of the discharge action, requested a hearing by a board of officers, and elected not to submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a GD. On 28 October 1991, the applicant was notified to appear before an administrative separation board of officers, at which time he completed a conditional waiver of his right to an administrative separation board contingent upon his receiving GD. On 19 November 1991, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a GD.

         b. On 29 November 1991, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 3 years, 3 months, and 4 days of his current enlistment, 6 years and 11 days of active service, and a total of 7 years, 9 months, and 21 days of credible military service.

         c. The applicant’s record reflects that he completed over 6 years of active duty and almost 8 years of total military service; that he attained the rank of sergeant/E-5; that he completed an overseas tour in Germany; and that he earned two Army Achievement Medals, the National Defense Service Medal, the Southwest Asia Service Medal/w 2 bss, the Overseas Service Ribbon, and the NCO Professional Development Ribbon. His disciplinary record includes an Article 15 he accepted on 17 June 1991, for making a false official statement, and for wrongfully leaving the scene of an accident which resulted in a reduction to specialist/E-4. He also had been barred from reenlistment on 14 May 1990, for five incidents of writing bad checks. The applicant was processed for separation for the commission of a serious offense, the unit commander cited the incidents outlined above 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 990203, with seven (7) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: DD Form 293, dated 990517.

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:
         ( ) Records review ( X ) Hearing

         b. Type Held:
         ( )Records review ( X ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington D.C. on 17 May 1999 .

         d. Appearance by:
          Applicant ( X ) Yes ( ) No
          Counsel ( X ) Yes ( ) No

          e. Applicant testified: ( X ) Yes ( ) No
        
         f. Counsel presentation: ( X ) Yes ( ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing: Two (2) additional issues and fourteen (14)
additional documents.
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:
         ( X )   Additional issue(s) identified during review/hearing as follows:

Board Issue: (4) The discharge was inequitable.
         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.
(4) The issue is accepted. After a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses, the Board determined that the discharge was inequitable. The applicant's generally acceptable personal conduct and performance of duty mitigated his misconduct sufficiently to warrant relief. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable and to change the reason for discharge to Secretarial Authority.

(1), (2), and (3) See Paragraph 3, below.


3. Response to items not addressed as decisional issues:
Inasmuch as the Board voted to grant full relief, responses to remaining issues are neither required nor rendered.


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                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to Honorable .
         ( X )    Inequitable as to reason. Change reason to Secretarial Authority
                  under Chapter 5, AR 635-200.
         ( )      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 3 2
Characterization 5 0

         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: 21 May 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 issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):
( X )   Change the characterization of the discharge to Honorable.
( X )   Change the reason and authority for the discharge to
        Secretarial Authority under Chapter 5, 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: 1999023718 INDEX NUMBERS: A9218
Date of Review: 990517 A9222
Character of Service: GD A9406
Date of Discharge: 911129 A0100
Authority: AR 635-200 C14
Reason: A6730
Results of Board Action/
Vote/Affirmation: HD 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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