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ARMY | DRB | CY1999 | AR1999024653
Original file (AR1999024653.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): 850614
3. Authority for separation:
         a. Regulation: Chapter 13, AR 635-200

          b. Reason: Unsatisfactory Performance
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: 840523 CIB
c. Age: 21 Years DOB: 620925
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 102 3. Highest grade achieved:
f. Length of Service: E5
1 Year 0 Months 0 Days

4. Performance evaluations:
See OMPF

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

 5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 850418-850509

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment:

         Date     Offense(s)
         840531   Disobeying lawful general order (850530)
          850520 AWOL (850419-850510)
7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: Bar to Reenlistment (840601)

SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         RA 800510 840522 HD



PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that on 31 May 1985, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance, 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. On 3 June 1985, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a GD.

         b. On 14 June 1985, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 1 year of his current enlistment, and a total of 5 years and 13 days of active military service.

         c. The applicant’s record shows that he completed just over 5 years of service; attained the rank of sergeant/E-5; and had earned the Army Achievement Medal, the Combat Infantryman Badge, and the Good Conduct Medal. His disciplinary record for the period of enlistment under review included his acceptance of two Article 15’s: the first on 31 May 1984, for disobeying a general regulation and for being drunk and disorderly which included a reduction in rank to specialist/E-4; and the second on 20 May 1985, for a 22 day period of AWOL, from 18 April to 8 May 1985, which included a reduction to private first class/E-3. The applicant had also been barred from reenlistment on 1 June 1984 based on the offenses outlined in the 31 May 1984 Article 15. The unit commander processed the applicant for separation, citing the applicant’s disciplinary history, his poor duty performance, and that fact that he failed to respond to a rehabilitative transfer, 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 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.

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 990224.
         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 30 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 ( ) 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. 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. ADRAINCE
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: 1999024653 INDEX NUMBERS: A9217
 Date of Review: 990630 A9500
 Character of Service: GD A0100
Date of Discharge: 850614
Authority: AR 635-200 C13
Reason: A4900
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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