Search Decisions

Decision Text

ARMY | DRB | CY1999 | 99032311
Original file (99032311.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): 931105

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:
                            AFEM
a. Period entered for: 4 Years OSR
b. Entry date: 930304
c. Age: 26 Years DOB: 670131
d. Educational level: GED
e. Aptitude area score:
          GT: 90 3. Highest grade achieved:
f. Length of Service: E4
0 Year(s) 8 Month(s) 2 Day(s)

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


Other discharge(s):

          Service   From      To        Type Discharge
         RA       891002   930303   HD



PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 1 October 1993, 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 general discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his behalf. The unit commander subsequently recommended separation from the service, and waiver of further rehabilitative efforts. On 25 October 1993, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general discharge.

         b. On 5 November 1993, the applicant was discharged with a general discharge. At the time of discharge, the applicant had 8 months, and 2 days service on his current enlistment and 3 years, 5 months and 2 days total time in service.

         c. The unit commander recommended separation due to the applicant’s total disregard for the rules and regulations that govern the US Army. He had no regard for Non-Commissioned Officers, and did not follow orders; he had a bad attitude, which affected other soldiers in his section and was bringing down the morale of the whole unit.

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 990930.
         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 10 November 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 (3) 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.

 (3) The issue is accepted. There was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board determined that the characterization of service was inequitable because the applicant's generally acceptable personal conduct and performance of duty mitigated the 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) and (2) See Paragraph 3, below.

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

Inasmuch as the Board voted to grant the full relief requested, responses to the remaining issues 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 3 2

         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. RON WILLIAMS
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis Date: 10 November 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: 1999032311 INDEX NUMBERS: A9218
Date of Review: 991110 A9412
Character of Service: GD A9445
Date of Discharge: 931105
Authority: AR 635-200 C13
Reason: A4900
Results of Board Action/
Vote/Affirmation: HD 3-2 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 | CY2002 | 2002068307

    Original file (2002068307.TXT) Auto-classification: Denied

    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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority: GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review...

  • ARMY | DRB | CY2002 | 2002067275

    Original file (2002067275.TXT) Auto-classification: Denied

    Evidence of record shows that on 28 September 1993, 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 general, under honorable conditions discharge. 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. Lieutenant Colonel, U.S. Army Chief, Secretary Recorder EXHIBITS: A...

  • ARMY | DRB | CY2003 | 2003089981

    Original file (2003089981.rtf) Auto-classification: Approved

    Evidence of record shows that on 22 July 1993, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—a pattern of misconduct and commission of a serious offense, with a characterization of service of under other than honorable conditions. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation...

  • ARMY | DRB | CY2004 | AR2004105018

    Original file (AR2004105018.doc) Auto-classification: Approved

    Remarks: NONE SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 840719 870514 Honorable RA 870515 920916 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Chapter 10 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 discharge for the good of the service in lieu of...

  • ARMY | DRB | CY2000 | 2000038084

    Original file (2000038084.rtf) Auto-classification: Denied

    The evidence of record shows that on 11 March 1994, the appropriate authority notified the applicant of initiation of separation action under the provisions of Chapter 4, AR 635-120 by reason of acts of personal misconduct and conduct unbecoming an officer. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000038084 INDEX NUMBERS: A8001 Date of Review: 000322 A0100 Character of Service: HD A9235 Date of Discharge: 941104...

  • ARMY | DRB | CY1999 | AR1999028177

    Original file (AR1999028177.rtf) Auto-classification: Denied

    Upon further research at the Enlisted Records and Evaluation Center, it appears that the applicant was not properly discharge from the service and a DD 214 was never completed. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKIM-SPILKER 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...

  • ARMY | DRB | CY2004 | AR2004101165

    Original file (AR2004101165.doc) Auto-classification: Approved

    The Board determined that the reason for discharge was both proper and equitable, and voted not to change it. Voting record: Change No Change Reason 0 5 Characterization 3 2 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY2003 | 2003084480

    Original file (2003084480.rtf) Auto-classification: Denied

    Her DD Form 214 indicates that she was discharged under the provisions of Chapter 5, AR 635-200 by reason of parenthood, with a characterization of service of honorable. 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. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY1999 | 1999016014

    Original file (1999016014.rtf) Auto-classification: Denied

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS 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...

  • ARMY | DRB | CY2000 | 2000044950

    Original file (2000044950.rtf) Auto-classification: Denied

    The Board noted that the applicant’s record contains a separation order from the Reserve of the Army discharging him under the provisions of Army regulation 135-178 with an uncharacterized discharge. The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, voted to deny relief.3. AR Number: 2000044950 INDEX NUMBERS: A9217 Date of Review: 000927 A0100 Character of Service: EL A9445 Date of Discharge: 970828 Authority: AR...