Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000035821
Original file (2000035821.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

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

1. Character of Discharge: Honorable

2. Date of discharge (or REFRAD): 950123

3. Authority for separation:

         a. Regulation: Chapter 16, AR 635-200

          b. Reason: Reduction in Force
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            AAM(2)
a. Period entered for: 4 Years (5 mos. ext.) GCMDL
b. Entry date: 901024 (NIF) NDSM
c. Age: 22 Years DOB: 680418 ASR
d. Educational level: HS Grad OSR
e. Aptitude area score:
          GT: 105 3. Highest grade achieved:
f. Length of Service: E4
4 Year(s) 3 Month(s) 0 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
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 9 November 1994, the applicant requested to be released from the Army under the FY95 Voluntary early release program, IAW MILPER Message NR 95-319, and was advised of the impact of the discharge action. On 9 November 1994, the unit commander recommended approval and forwarded the applicant’s request for appropriate action. On
14 December 1994, Orders 349-0213, DA, HQ, III Corps and Fort Hood, TX, discharged the applicant from the Regular Army, effective date: 23 January 1995. The applicant was available 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 16, Paragraph 16-6, AR 635-200 by reason of reduction in force with a characterization of service of honorable. Furthermore, the DD Form 214 shows a Separation Code of MCC (i.e., reduction in force).

         b. On 23 January 1995, the applicant was discharged. He was credited with
4 years, 3 months active service on the enlistment under review.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 16-8 of this regulation sets forth the requirements for early separation of enlisted personnel due to reduction in force, strength limitations, or budgetary constraints. Army policy states that the service of personnel separated under this paragraph will be characterized as honorable.
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 000104.
         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 23 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 ( X ) 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 evidence of record shows that applicant requested to be released from the Army under the FY95 Voluntary early release program. After receipt of his voluntary request for discharge, the appropriate separating authority approved his request and he was discharged under the provisions of Chapter 16, Paragraph 16-6, AR 635-200 by reason of reduction in force with a characterization of service of honorable. The Board determined that the applicant’s separation was accomplished in compliance with applicable regulations and found no evidence of arbitrary or capricious actions by the command. 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. 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       

                                 
Ms. McKim-Spilker
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: 2000035821 INDEX NUMBERS: A0113
Date of Review: 000223 A9217
Character of Service: HD A0100
Date of Discharge: 950123
Authority: AR 635-200 C16
Reason: A0500
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 | CY2000 | 2000047441

    Original file (2000047441.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. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B -...

  • ARMY | DRB | CY2003 | AR2003094686

    Original file (AR2003094686.doc) 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. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. 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 | CY1997 | 199701543

    Original file (199701543.rtf) Auto-classification: Denied

    950426: Applicant discharged2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity: The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

  • ARMY | DRB | CY2004 | AR2004106196

    Original file (AR2004106196.doc) Auto-classification: Approved

    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. On 5 June 1995, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review...

  • ARMY | DRB | CY2003 | 2003093988

    Original file (2003093988.rtf) Auto-classification: Denied

    The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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:SPURGEON A. MOORE Colonel, U.S. Army President, Army...

  • ARMY | DRB | CY2000 | 2000040882

    Original file (2000040882.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. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000040882 INDEX NUMBERS: A9217 Date of Review: 000614 A9235 Character of Service: GD A0100 Date of Discharge: 951223 Authority: AR 635-200 C14 Reason: A6750 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization...

  • ARMY | DRB | CY2000 | 2000035443

    Original file (2000035443.rtf) Auto-classification: Denied

    The Board carefully reviewed the applicant’s record of service during the period of enlistment under review. 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. AR Number: 2000035443 INDEX NUMBERS: A9231 Date of Review: 000225 A9217 Character of Service: UD A0100 Date of Discharge: 950322 Authority: AR 635-200 C10 Reason: A7100 Results of Board...

  • ARMY | DRB | CY2003 | 2003090829

    Original file (2003090829.rtf) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The Board determined that the reason for discharge was proper and equitable and voted not to change it. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2005 | AR20050002848

    Original file (AR20050002848.doc) Auto-classification: Denied

    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. Evidence of record shows that on 26 January 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—patterns of misconducts offense, with a general, under honorable conditions discharge. Minority views: NONE PART VII -...

  • ARMY | DRB | CY2001 | 2001060718

    Original file (2001060718.rtf) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested treatment in a VA Medical Center and submitted a statement in his own behalf. On 5 April 1995, the separation authority directed that the applicant be discharged with a characterization of service of general. AR Number: 2001060718 INDEX NUMBERS: A0130 Date of Review: 010919 A0154 Character of Service: GD A9500 Date of Discharge: 950410 Authority: AR 635-200 C9 Reason: A6900 Results of...