Upgrade.Vet

ARMY | DRB | CY1999 | 1999028266

Original file (1999028266.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): 880726

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

         b. Reason: For the Good of the Service-In Lieu of Court-Martial

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: 3 Years ASR
b. Entry date: 850730 OSR
c. Age: 18 Years DOB: 670717
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 88 3. Highest grade achieved:
f. Length of Service: E4
2 Year(s) 11 Month(s) 15 Day(s)

4. Performance evaluations:
NONE

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

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 880522-880531

         Mil conf

         Civil conf

         Other

6. Nonjudicial punishment:

         Date     Offense(s)
         870927 Willfully disobey, two specifications (870828); derelict in the performance of those duties in that you willfully failed (870902); FTG (870914); neglect miss the movement (870910)
         880125 FTG, two specifications (871119); (871125); derelict in the performance of those duties in that you negligently failed, two specifications (871130); (871201)
         880330 Willfully disobey from SFC (880221)

7. Court-Martial data:

         a. SCM:
                  Date Offense(s)


         b. SPCM:
                  Date Offense(s)
                  880601 FTG (880414); AWOL (880512-880601); disobey a lawful order from
                  an NCO (880418); wrongfully possessing a device to smoke
                  hashish (880126); wrongfully possess an unknown quantity of
                  hashish (880521); left post as lookout without being
                  regularly relieved (880407); breaking restriction, three
                  specifications (880408); (880412); (880416)

         c. GCM:
                  Date Offense(s)

8.       Remarks: Bar to Reenlistment (871006)

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 21 July 1988, Orders 181-3, DA, 575 ^th Personnel Service Company, APO NY, discharged the applicant from the Regular Army, effective date: 26 July 1988. The applicant was available to signe his
DD Form 214 (Certificate of Release or Discharge from Active Duty). His
DD Form 214 indicates that he was discharged under the provisions of Chapter l0, AR 635-200 for the good of the Service-in lieu of court-martial with a characterization of service of under other than honorable conditions discharge (UOHC). The specific facts and circumstances leading the applicant’s discharge are not contained in the available records.

         b. On 26 July 1988, the applicant was discharged with an under other than honorable conditions discharge, under the provisions of Chapter l0, AR 635-200, for the good of the service-in lieu of court-martial. At the time of discharge, the applicant had 2 years, 11 months, and 15 days on his current enlistment and 10 days lost time.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. The requests may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. Army policy states that although an honorable or general discharge is authorized, a discharge UOHC is normally considered appropriate.

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 990403.
         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, DC 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 carefully examined the applicant's record of service during the period of enlistment under review. There was a full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses. The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. The Board noted that, after consulting with defense counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated offenses under the UCMJ. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

(3) The issue is rejected. The US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable. The Defense Discharge Review Standards specifically state that no factors should be established that require automatic change or denial of a change in discharge.

(4) The issue is rejected. Eligibility for veteran's benefits, to include educational benefits under the Montgomery GI Bill, does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

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


MRS. WADE
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: 1999028266 INDEX NUMBERS: A9217
Date of Review: 990804 A0100
Character of Service: UD A9223
Date of Discharge: 880726 A9201
Authority: AR 635-200 C10 A9445
Reason: A7000 A9447
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.      PO     X         X

Similar Decisions

ARMY | DRB | CY1999 | 1999015552

Original file (1999015552.rtf) Auto-classification: Denied

Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B -...
ARMY | DRB | CY1999 | 1999023746

Original file (1999023746.rtf) Auto-classification: Denied

Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. The Board,...
ARMY | DRB | CY1999 | 1999026255

Original file (1999026255.rtf) Auto-classification: Denied

PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999026255 INDEX NUMBERS: A9217 Date of Review: 990609...
ARMY | DRB | CY1999 | 1999027470

Original file (1999027470.rtf) Auto-classification: Denied

PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999027470 INDEX NUMBERS: A9235 Date of Review: 990728 A9217 Character...
ARMY | DRB | CY2001 | 2001053657

Original file (2001053657.rtf) Auto-classification: Denied

Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. The Board,...
ARMY | DRB | CY1999 | 1999024841

Original file (1999024841.rtf) Auto-classification: Denied

Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and...
ARMY | DRB | CY1999 | 1999029187

Original file (1999029187.rtf) Auto-classification: Denied

Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. PART VII -...
ARMY | DRB | CY1999 | 1999025604

Original file (1999025604.rtf) Auto-classification: Approved

Remarks: NONE SECTION B - Prior Service Data NONEOther discharge(s): ServiceFromToType Discharge PART IV - PREHEARING REVIEWSECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances:a. Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. It also noted that the...
ARMY | DRB | CY1999 | 1999026192

Original file (1999026192.rtf) Auto-classification: Denied

The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR Number: 1999026192 INDEX...
ARMY | DRB | CY1999 | 99033028

Original file (99033028.rtf) Auto-classification: Denied

Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Mr. Mark Armstrong Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B...

Search Decisions

Decision Text

ARMY | DRB | CY1999 | 1999028266

Similar Decisions