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ARMY | DRB | CY1999 | 1999027665
Original file (1999027665.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): 980522

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-200

          b. Reason: Physical Conditions, Not a Disability
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            NONE
a. Period entered for: 5 Years
b. Entry date: 971008
c. Age: 22 Years DOB: 750422
d. Educational level: 15 Years
e. Aptitude area score:
          GT: 126 3. Highest grade achieved:
f. Length of Service: E2
0 Years 7 Months 15 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: 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
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 14 May 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Paragraph 5-18, AR 635-200, for a physical condition, not a disability, with a recommendation for a general, under honorable conditions discharge (GD). The applicant was advised of his rights, waived 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 with a GD. On 19 May 1998, the separation authority directed that the applicant be discharged with a GD.

         b. On 22 May 1998, the applicant was discharged with a GD. At the time of his discharge the applicant had completed 7 months and 15 days of active military service.

         c. The applicant’s record shows that he completed just over 7 months of service and the highest rank he attained while on active duty was private/E-2. There are no documented acts of valor, significant achievement or service warranting special recognition contained in the record. Likewise there is no record of punitive or reduction action imposed on the applicant by either nonjudicial punishment or court-martial. The record does contain three counseling statements issued to the applicant, two for violating tobacco cessation policy, and the third for missing bed check. The applicant was admitted as an inpatient for assessment and monitoring of suicidal and potentially homicidal thoughts. During the hospitalization it was determined that the applicant was not suitable for continued military service and discharge was recommended. The unit commander, based on this medical evaluation, recommended that the applicant be separated, under the provisions of Paragraph 5-18, AR 635-200 by reason of having a physical condition that did not constitute a disability.

 2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-18 provides that a commander may separate a soldier under this paragraph on the basis of other physical or mental conditions not amounting to disability under the provisions of AR 635-40 which interfere with the proper performance of duty. This does not include conditions that are appropriate for processing under the provisions of Paragraph 5-11 or 5-13 of AR 635-200. Soldiers separated under these provisions may be awarded a characterization of service of Honorable, Under Honorable Conditions, or an Uncharacterized description of service if still in an entry level status.
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 990616.
         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 28 July 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: (2) 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.

 (2) The issue is accepted. The Board determined that the characterization of service was inequitable because the applicant's disciplinary infractions did not raise to the level required to deny an honorable discharge, and the applicant’s generally acceptable personal conduct and performance of duty mitigated the minor discrediting entries 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) See Paragraph 3, below.

3. Response(s) to item(s) not addressed as decisional issue(s):

 Inasmuch as the Board voted to grant the relief requested by the applicant, a response to the remaining issue is 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: 30 July 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 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: 1999027665 INDEX NUMBERS: A9218
Date of Review: 980728 A9412
Character of Service: GD A0100
Date of Discharge: 980522
Authority: AR 635-200 C5
Reason: A2810
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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