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ARMY | DRB | CY1999 | AR1999024576
Original file (AR1999024576.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): 911213

3. Authority for separation:

         a. Regulation: Chapter 3, AR 635-120

          b. Reason: Unqualified Resignation
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ARCOM(2)
a. Period entered for: Indef GCMDL(3)
b. Entry date: 850905 SWASMw/3BSS
c. Age: 28 Years DOB: 570224 KLM
d. Educational level: GED OSR(3)
e. Aptitude area score:
          GT: 111 3. Highest grade achieved:
f. Length of Service: W2
6 Years 3 Months 9 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 760209 850904 HD



PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that the applicant requested an unqualified resignation, under the provisions of Chapter 3, AR 635-120, which was accepted by Department of the Army in PERSCOM message 061205Z Sep 91. This DA approval message directed that the applicant be issued a general, under honorable conditions discharge (GD). A DD Form 214 (Certificate of Release or Discharge from Active Duty) which documents the following facts: Effective Date of Separation: 13 December 1991; Characterization of Service-General, Under Honorable Conditions; Authority for Separation- at 635-120, Chapter 3; and Narrative Reason for Separation-Unqualified Resignation. The applicant was concurrently discharged from the United States Army Reserve via Orders Number 364-130, issued by Department of the Army (DA), Headquarters U.S. Army Training Center and Fort Dix, Fort Dix, New Jersey, effective 13 December 1991.

         b. The DD Form 214 documents that on 13 December 1991, the applicant was discharged with a GD. At the time of discharge he had completed 6 years,
3 months, and 9 days of active service on the enlistment under review, and a total of 15 years, 10 months and 4 days of active military service.

         c. The evidence of record contains a relief for cause Officer Evaluation Report (DA Form 67-8) which shows that applicant was relieved of his duties for his sexual association with a female subordinate. While the available record do not contain a copy of the applicant’s request for unqualified resignation, it does contain Department of the Army’s acceptance of the resignation and directive that the applicant be discharged with a GD, under the provisions of Chapter 3, AR 635-120.

2. Legal/Regulatory Basis for Separation Action : Army regulation 635-120 sets forth the basic authority for the separation of commissioned and warrant officers from the active Army. Chapter 3, establishes policy and procedures for the unqualified resignation of active Army officers and states, in pertinent part, that any officer of the active Army may tender a resignation. Regulatory guidance indicates that officers who have their unqualified resignation accepted by Department of the Army will receive either an honorable or general, under honorable conditions discharge based on their record of service for the period of service from which they are being separated.
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 990301.
         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 21 April 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:
         ( X )   Additional issue(s) identified during review/hearing as follows:

Board Issue: (3) The characterization of service was too harsh.
         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.

 (3) The issue is accepted. There was a full consideration of all service including the infraction of discipline, the extent thereof, and the seriousness of the offense. The Board determined that the characterization of service was inequitable because the applicant's generally acceptable personal conduct and performance of duty mitigated the discrediting entry in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
(1) and (2) See Paragraph 3, below.




 3. Response to items not addressed as decisional issues:

 Inasmuch as the Board voted to grant the relief requested by the applicant, 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 .
          ( )      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 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: 23 April 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.

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: 1999024576 INDEX NUMBERS: A9218
Date of Review: 990421 A9236
Character of Service: GD A0100
Date of Discharge: 911213
Authority: AR 635-120 C3
Reason: A8000
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.      Mbr      X  X           

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