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ARMY | DRB | CY1999 | 1999027849
Original file (1999027849.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: UOHC

2. Date of discharge (or REFRAD): 841220

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct-Pattern of Misconduct
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            GCMDL(3)
a. Period entered for: 3 Years NCOPDR
b. Entry date: 821110 OSR
c. Age: 30 Years DOB: 520911
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 102 3. Highest grade achieved:
f. Length of Service: E4
2 Years 0 Months 29 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

         Mil conf

         Civil conf 840512-840620; 840824-840826

         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: Civil Convictions : 6 October 1983, guilty of reckless driving which resulted in a $150.00 fine and 12 months of probation; on 9 April 1984, found guilty of probation violation, driving with an expired inspection sticker which resulted in 30 days of incarceration in the Petersburg, Virginia Jail Farm; and on 15 June 1984-found guilty of felony shoplifting and misdemeanor carrying concealed merchandise which resulted in a sentence of
12 months of confinement (10 months suspended) released after 60 days time served, a fine of $250.00, and two years of probation.
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         RA 740614 770314 HD
         RA 770315 791210 HD
         RA 791211 821009 HD


PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 16 July 1984, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—pattern of misconduct, with a recommendation for an under other than honorable conditions (UOHC) discharge. The applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and requested a hearing by an administrative separation board (ASB) of officers. The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a UOHC discharge. On 29 November 1984, an ASB convened, with the applicant and his counsel present, to consider the case. The ASB found that the applicant was undesirable for further service based on his frequent incidents of a discreditable nature with civilian and military authorities; and recommended he be discharged by reason of misconduct and that he be issued a UOHC discharge. On 11 December 1984, the separation authority approved the findings and recommendations of the ASB and directed that the applicant be discharged with a UOHC discharge and that he be reduced to the lowest enlisted grade.

         b. On 20 December 1984, the applicant was separated with a UOHC discharge. At the time of discharge, the applicant had completed 2 years and 29 days of his current enlistment, and a total of 10 years, 4 months and 26 days of active military service.

         c. The applicant’s record shows that he completed over 10 years of service; attained the rank of specialist/E-4; completed overseas tours in Hawaii, Germany, and Korea; and earned three Good Conduct Medals. His disciplinary record includes two civil convictions which resulted in 43 days of time lost due to civil confinement; and a extensive history of indebtedness. The unit commander processed the applicant for separation for a pattern of misconduct and cited the applicant’s frequent incidents of a discreditable nature with civilian and military authorities as the basis for taking the action. The applicant’s case was considered by an ASB which recommended his separation with a UOHC discharge.

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 990626, 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 4 August 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.

 (1) and (2) The issues are rejected. The Board noted the applicant’s contention that, in effect, he was a good soldier for most of his career until he became dependent on alcohol which impaired his ability to serve; and that if he had been afforded adequate counseling he could have remained a good soldier and completed his career. However, after carefully examining the applicant’s record of service for the period of enlistment under review, the Board concluded that his discharge was appropriate. There is no evidence of record or independent evidence submitted by the applicant to support his claim that he was not afforded the opportunity for proper substance abuse counseling or that he ever sought assistance for an alcohol problem; in addition, there is no evidence to suggest that the applicant’s abuse of alcohol was the primary cause for his misconduct. The applicant’s quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By misconduct and poor duty performance, the applicant diminished the quality of his service below that meriting a fully honorable or general discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated his misconduct. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.
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 1 4

         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: 1999027849 INDEX NUMBERS: A9217
Date of Review: 990804 A9319
Character of Service: UD A9329
Date of Discharge: 841220 A0100
Authority: AR 635-200 C14
Reason: A6700
Results of Board Action/
Vote/Affirmation: NC 4-1 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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