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ARMY | DRB | CY2000 | 2000036892
Original file (2000036892.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): 910716

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-120

          b. Reason: Conduct Triable by 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:
                            NDSM
a. Period entered for: Indefin SWASMw/2BSS
b. Entry date: 810217 ASR
c. Age: 23 Years DOB: 570331 L/A
d. Educational level: Col Grad
e. Aptitude area score:
          GT: NA 3. Highest grade achieved:
f. Length of Service: O3
10 Year(s) 5 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 13 March 1991, the applicant was charged with intent to deceive, sign an official record, a DA Form 3949, controlled subsistence record, which was false, twelve specifications (910215); (910218); (910219); (910220); (910221); without proper authority, dispose of by emptying into a waste bucket of Valium and Meperidine, military property of the US, two specifications (910222); without proper authority, dispose of by depositing in a trash container twelve empty syringes (91022); wrongfully possess a total amount of 40 milligrams of Valium and 800 milligrams of Meperidine while receiving special pay under 37 U.S.C. Section 310 (910215 to 910222); stole Meperidine, Valium and a syringe, the property of the Army, twelve specifications (910215); (910218); (910219); (910220); (910221). On 14 March 1991, the applicant voluntarily tender his resignation from the Army for the good of the Service under the provisions of Chapter 5, AR 635-120. The appropriate authorities reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge. On 8 April 1991, the Ad Hoc Review Board recommended that the applicant’s resignation for the good of the service be accepted with issuance of an under other than honorable conditions discharge. On 8 May 1991, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Ad Hoc Review Board that resignation for the good of the service be accepted with discharge under other than honorable conditions. On 2 July 1991, the applicant acknowledged receipt of approval of his resignation for the good of the service and released from the active duty.
         b. On 16 July 1991, the applicant was released from the active duty. He was credited with 10 years, 5 months active service on the enlistment under review.

2. Legal/Regulatory Basis for Separation Action : Army regulation 635-120, in effect at the time, prescribed the procedures for the resignation of USAR commission officers on active duty. Chapter 5 allowed for an officer to submit a resignation for the good of the Service (RFGOS) in lieu of court-martial. An officer separated under this paragraph normally receives characterization of service of general, under honorable conditions or under other than honorable conditions.

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 000201, with one (1) enclosure(s).
         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 15 March 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: (6) 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.

 (6) The issue is accepted. The Board carefully examined the applicant's record of service during the period of enlistment under review. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board found that the length and quality of the applicant’s service mitigated his misconduct. In view of the foregoing, the Board determined that the characterization of service was inequitable. 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

(1), (2), (3), (4), and (5) The issues are rejected. The Board concluded that the discrediting entries constituted a departure from the standards of conduct expected of soldiers in the Army. Having examined all the circumstances, the Board determined that the applicant’s misconduct diminished the quality of his service below that meriting a fully honorable discharge. See Issue (6), 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 1 4
Characterization 5 0

         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

 TO: ARBA Support Division-St Louis Date: 17 March 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 characterization of service to General, Under Honorable Conditions.


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: 2000036892 INDEX NUMBERS: A9406
Date of Review: 000315 A9236
Character of Service: UD A9321
Date of Discharge: 910716 A9443
Authority: AR 635-120 C5 A0100
Reason: A8100
Results of Board Action/
Vote/Affirmation: GD5-0 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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