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ARMY | DRB | CY2000 | 2000035432
Original file (2000035432.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

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

1. Character of Discharge: General, Under Honorable Conditions

2. Date of discharge (or REFRAD): 920406

3. Authority for separation:

         a. Regulation: Chapter 3, AR 635-120

          b. Reason: Miscellaneous Reasons (Unqualified Resignation)
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            NDSM
a. Period entered for: Indefinite ASR
b. Entry date: 900607
c. Age: 27 Years DOB: 621016
d. Educational level: Col Grad
e. Aptitude area score:
          GT: NA 3. Highest grade achieved:
f. Length of Service: O1
1 Year(s) 10 Month(s) 0 Day(s)

4. Performance evaluations:
See OMPF

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:

         Date     Offense(s)



          _____________________________________
         920219 Letter of reprimand – using abusive, demeaning, and threatening language to senior NCOs in your chain of command and breaking into your ex-wife’s apartment, causing over $1000.00 in damage (NIF)(administrative)

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
         USN 810601 810716 Honorable



PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 19 February 1992, the applicant tendered his resignation from the Army under the provisions of Chapter 3, AR 635-120 by reasons of unqualified resignation. On 3 April 1992, CDRPERSCOM, message shows that the applicant’s request for unqualified resignation was approved under the provisions of Chapter 3, AR 635-120 with the issuance of a general discharge. Orders 79-200, DA, HQ, 6th Infantry Division (Light) and US Army Garrison, Fort Wainwright, Alaska, discharged the applicant from the service, effective date: 6 April 1992. The applicant refused to sign 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 3, AR 635-120 by reason of miscellaneous reasons (unqualified resignation).

         b. On 6 April 1992, the applicant was discharged. He was credited with
1 year and 10 months of active duty during the term of service under review.

         c. The applicant tendered his resignation from the Army due to circumstances evolving around his divorce. He stated these circumstances resulted in severe degradation of his moral fiber, self-esteem, and dignity, thus causing his inability to interact in the Army in a socially and legally acceptable manner that was commensurate with that of a commissioned officer.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-120 sets forth the basic authority for the separation of officer personnel from the active Army. Chapter 3 provides the policies and procedures for officers requesting unqualified resignation for miscellaneous reasons.


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 991224, with one (1) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 149, dated 990310.

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 9 February 2000

         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), (2), (3), and (4) The issues are rejected. The Board carefully examined the applicant’s record of service during the period of service under review. The Board noted the applicant’s contentions that he is serving with distinction in the Missouri National Guard and that he was immature at the time of his misconduct, and has since matured. The Board congratulates the applicant on his achievements since departing the Army. However, the Board noted that the applicant’s request for resignation was properly submitted to Headquarters, Department of the Army, Military Personnel Center, who upon review of the facts and circumstances, approved his release from active duty with a general, under honorable conditions discharge. The Board concluded that the applicant’s characterization of service was appropriate because the quality of his service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel. The Board, being convinced that the reason for discharge and the characterization of service were 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       

                                 
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: 2000035432 INDEX NUMBERS: A9217
Date of Review: 000209 A0100
Character of Service: GD A9201
Date of Discharge: 920406 A9301
Authority: AR 635-200 C3
Reason: A8001
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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