Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000036383
Original file (2000036383.rtf) Auto-classification: Approved
PART II - APPLICATION DATA

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

1. Character of Discharge: Under Other Than Honorable Conditions

2. Date of discharge (or REFRAD): 920807

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: 4 Years GCMDL(2 nd Awd)
b. Entry date: 890321 NDSM
c. Age: 22 Years DOB: 660410 NCOPDR
d. Educational level: HS Grad OSR
e. Aptitude area score: C/Ach
          GT: 112 L/C
f. Length of Service: 3. Highest grade achieved:
3 Year(s) 3 Month(s) 9 Day(s) E5

4. Performance evaluations:
See OMPF

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

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 920508-920615;

         Mil conf 0

         Civil conf 0

         Other 0


6. Nonjudicial punishment:

         Date     Offense(s)
         890824 In that you were drunk and disorderly (890717)

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 851031 890320 Honorable



PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that on 24 July 1992, Orders 206-36, DA, HQ, US Army Field Artillery Center and Fort Sill, OK, discharged the applicant from the Regular Army, effective date: 7 August 1992. The applicant was not available to sign her DD Form 214 (Certificate of Release or Discharge from Active Duty). Her DD Form 214 indicates that She 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.

         b. On 7 August 1992, the applicant was discharged. At the time of discharge, the applicant had 3 years, 3 months, and 9 days on her current enlistment and 39 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 000114.
         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:
         ( X )   Additional issue(s) identified during review/hearing as follows:
Board Issue: (2) 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.

 (2) 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. The applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient merit to warrant an upgrade of the discharge being reviewed. Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it.

(1) The issue is rejected. The Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial. In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. Procedurally, the applicant was required to consult with defense counsel, and to voluntarily, and in writing, request separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated offense under the UCMJ. See response to issue (2) above.

 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                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to General, Under Honorable Conditions .
         ( )      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: 25 February 2000

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 General, Under Honorable Conditions .

( X )   Other (see remarks below).
Remarks: Restore grade to Sergeant/E5 .


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: 2000036383 INDEX NUMBERS: A9218
Date of Review: 000223 A9329
Character of Service: UD A9331
Date of Discharge: 920807 A0100
Authority: AR 635-200 C10
Reason: A7100
Results of Board Action/
Vote/Affirmation: GD 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 | CY2000 | 2000041153

    Original file (2000041153.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 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...

  • ARMY | DRB | CY2002 | 2002077044

    Original file (2002077044.TXT) 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. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and...

  • ARMY | DRB | CY2003 | 2003086130

    Original file (2003086130.rtf) Auto-classification: Denied

    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. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII...

  • ARMY | DRB | CY1997 | 199700423

    Original file (199700423.rtf) Auto-classification: Denied

    The Board also noted that the applicant concurred with the findings and requested immediate separation. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. CASE NO: AD97-00423 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified LTC SMITH Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE SECTION B -...

  • ARMY | DRB | CY1997 | 199700495

    Original file (199700495.rtf) Auto-classification: Approved

    Type of discharge (or characterization of service): GD 2. 921008: Applicant was discharged. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL MELCHIOR Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE TO: Commander, ARPERCEN Date: 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...

  • ARMY | DRB | CY2000 | 2000044447

    Original file (2000044447.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. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000044447 INDEX NUMBERS: A8401 Date of Review: 000823 A0101 Character of Service: EL A9321 Date of Discharge: 940630 Authority: AR 135-178 C13 Reason: A8400 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization...

  • ARMY | DRB | CY1999 | 1999024915

    Original file (1999024915.rtf) Auto-classification: Approved

    Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999024915 INDEX NUMBERS: A9217 Date of Review: 990428 A9221 Character of Service: GD A9445 Date of Discharge: 930224 A0100 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: HD 5-0 A PART IX - VOTING RECORDName Reason...

  • ARMY | DRB | CY2004 | AR2004100713

    Original file (AR2004100713.doc) Auto-classification: Denied

    Evidence of record shows that on 6 July 1994, 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and...

  • ARMY | DRB | CY1999 | 1999023253

    Original file (1999023253.rtf) Auto-classification: Approved

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999023253 INDEX NUMBERS: A9402 Date of Review: 990331 A9201 Character of Service: GD A9217 Date of Discharge: 930803 A9301 Authority: AR 635-200 C14 A9317 Reason: A6730 A0100 Results of Board Action/ Vote/Affirmation: MD 5-0 A PART IX - VOTING RECORDName Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700785

    Original file (199700785.rtf) Auto-classification: Denied

    950728: Applicant was discharged. The Board did acknowledge the applicant’s good post service conduct, however the Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL MATHEWS Post Hearing Reviewer