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ARMY | DRB | CY1999 | AR1999024289
Original file (AR1999024289.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): 971106

3. Authority for separation:

         a. Regulation: Chapter 14, 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(2) (NIF)
 a. Period entered for: 4 Years NDSM
b. Entry date: 951103 ASR
c. Age: 17 Years DOB: 780103 C/Ach
d. Educational level: HS Grad C/A
e. Aptitude area score:
          GT: 88 3. Highest grade achieved:
f. Length of Service: E3
2 Years 0 Months 4 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 970617-970701

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment:

         Date     Offense(s)
         970401 Unlawfully consumed alcohol while being under the age limit and disorderly manner (970317)(summarized)
         970717 AWOL (970617-970701); willfully disobey a lawful order (970504); resisting arrest by an MP (970518); escape from the custody of MPs (970518); making false official statements (970518); assaulting a SPC (970518); purchasing or possessing an alcoholic beverage while under the age of 21 (970518); possession of an open container of alcoholic beverage while operating a vehicle (970518)
7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)
         c. GCM: 
                  Date Offense(s)

8.       Remarks: During the review of this case it was discovered that the two (2) Army Achievement Medal Certificates, submitted by the applicant, were not recorded on the DD Form 214 (Certificate of Release or Discharge from Active Duty) issued him at the time of his discharge. However, correction of the awards portion of the DD Form 214 in not within the purview of the Army Discharge Review Board (ADRB). The ADRB may only change the characterization or reason for discharge. If the applicant wishes to pursue this possible error in his military records, he should make application to the Army Board for Correction of Military Records utilizing the DD Form l49 enclosed with this document.

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 23 September 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—patterns of misconduct, 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, 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 1997, the separation authority directed that the applicant be discharged with a GD.

         b. On 6 November 1997, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 2 years, 0 months, and 4 days of active military service.

         c. The applicant’s record shows that he completed just over 2 years of service; that the highest rank he attained while on active duty was private first class/E-3; and although not contained in the file, the applicant has submitted evidence that he earned two Army Achievement Medals. His disciplinary record includes his acceptance of two Article 15’s: the first on 1 April 1997, summarized, for unlawfully consuming alcohol while under the age of 21; and the second on 17 July 1997, for being AWOL from 17 June to 1 July 1997, for resisting apprehension by a Military Policeman (MP), for escaping from the custody of an MP, for making false official statements to MP’s, for assaulting an MP in the execution of his duties, for purchasing or possessing alcoholic beverages while under the age of 21, and for operating a vehicle with an open container of alcohol which resulted in his reduction to private/E-1. His unit commander processed him for separation for the commission of a serious offense based on these offenses.

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 990119, 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 19 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 ( 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) The issue is rejected. The Board noted the applicant’s contention that, in effect, his overall record of service was good and his misconduct was the result of his alcohol abuse in reaction to personal problems that he was experiencing at the time. However, the Board concluded that even if the applicant were undergoing personal problems this did not excuse his commission of the serious offense which led to his discharge. The Board considered the applicant’s quality of service during the initial portion of the enlistment under review. However, this service was determined not to be sufficiently meritorious to warrant relief. Finally, the Board found that the applicant’s misconduct clearly diminished the quality of his service below that meriting a fully honorable discharge. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

(2) The issue is rejected. The Board congratulates the applicant on his post service sobriety and commends his desire to move forward in his life. However, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted.

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: 1999024289 INDEX NUMBERS: A9217
Date of Review: 990519 A9221
Character of Service: GD A9319
Date of Discharge: 971106 A0100
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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