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ARMY | DRB | CY1999 | 1999028930
Original file (1999028930.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): 890605

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct-Commission of a Serious Offense
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ASR
a. Period entered for: 4 Years
b. Entry date: 870204
c. Age: 22 Years DOB: 640927
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 88 3. Highest grade achieved:
f. Length of Service: E2
2 Years 4 Months 0 Days

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

         Mil conf 880201-880202

         Civil conf

         Other


6. Nonjudicial punishment:

         Date     Offense(s)
         870414 FTG (870326)(summarized)
         870505 FTG (870419)
         870721 Willfully damaged government property (870623); wrongfully communicated a threat to a PV2 (870622)
         880216 AWOL (880201-880203); failure to obey a lawful order (880129)(summarized)
         880628 Willfully disobey a lawful order (880401)
         890221 Wrongfully used cocaine, between (881212 and 890112)
         890422 Wrongfully used cocaine, between (890107 and 890207)
         890508 AWOL, missing formation two specifications (890425 and 890426).

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 (870803)
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         USAR 830930 840130 HD



PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
         a. The evidence of record shows that on 14 April 1989, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of a serious offense, 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. On 27 March 1989, the applicant waive consideration of his case by an administrative separation board (ASB) contingent on receiving a general, under honorable conditions discharge (GD). The intermediate level commanders reviewed the proposed discharge action and recommended approval of the separation action with a UOHC discharge. On 2 May 1989, the separation authority elected to refer the applicant’s case to an ASB rather than approved the conditional waiver. On 5 May 1989, the applicant unconditionally waived his right to an ASB. On 18 May 1989, the separation authority directed that the applicant be separated with a UOHC discharge.

         b. On 5 June 1989, the applicant was separated with a UOHC discharge. At the time of discharge, the applicant had completed 2 years and 4 months of active military service.

         c. The applicant’s record shows that he completed almost 2 and ½ years of service and that he never advanced beyond the rank of private/E-2 while on active duty. There are no documented acts of valor, significant achievement, or service warranting special recognition contained in the record. However, there is an extensive disciplinary history which includes the applicant’s acceptance of
8 Article 15’s: the first on 14 April 1987, summarized, for failure to go to his prescribed place of duty (FTG); the second on 5 May 1987 for FTG which included a reduction to private/E-1; the third on 21 July 1987, for damaging government property and communicating a threat; the fourth on 16 February 1988, summarized, for AWOL and for disobeying a lawful order (DOLO); the fifth on 28 June 1988 for DOLO which included a reduction to private/E-1; the sixth on 21 February 1989, for wrongfully using cocaine; the seventh on 22 April 1989, for wrongfully using cocaine; and the eighth on 8 May 1989, for missing two formations. The unit commander processed the applicant for separation for the commission of a serious offense, citing the two incidents of illegal cocaine use 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 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 990713.
          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:
         ( ) Records review ( X ) Hearing

         b. Type Held:
         ( )Records review ( X ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington D.C. on 16 August 1999.

         d. Appearance by:
          Applicant ( X ) Yes ( ) No
          Counsel ( ) Yes ( X ) No

          e. Applicant testified: ( X ) Yes ( ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing: Six (6) additional documents.

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), (2), and (3) The issues are rejected. The Board noted the applicant’s contentions that, in effect, he has seen the errors of his ways and has attempted to make a difference by working with organizations to counsel our youth; that he has been free of a criminal record for ten years and has stayed away from bad influences; and that at the time of his discharge he was young and since his discharge has been a good citizen. The applicant should be congratulated on his post service accomplishments. However, after a careful examination of the applicant’s service record, the Board concluded that the discharge was appropriate. The quality of the applicant’s service was not consistent with the Army's standards for acceptable personal conduct by military personnel. His misconduct clearly 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 the 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 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. 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: 1999028930 INDEX NUMBERS: A9217
Date of Review: 990816 A9221
Character of Service: UD A9301
Date of Discharge: 890603 A0100
Authority: AR 635-200 C14
Reason: A6770
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    





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