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ARMY | DRB | CY2000 | 2000039380
Original file (2000039380.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): 940613

3. Authority for separation:

         a. Regulation: Chapter 6, AR 135-175

          b. Reason: Resignation In Lieu of Involuntary Separation
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            NONE
a. Period entered for: Indefin
b. Entry date: 880728
c. Age: 22 Years DOB: 660327
d. Educational level: Col Grad
e. Aptitude area score:
          GT: NA 3. Highest grade achieved:
f. Length of Service: O1
5 Year(s) 10 Month(s) 16 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 28 December 1993, the appropriate authority notified the applicant of initiation of involuntary separation action under the provisions of Chapter 2, AR 135-178. On 3 January 1994, the applicant voluntarily tendered his conditional resignation in lieu of involuntary separation. He was advised of the ramifications of his request. The appropriate authorities reviewed the proposed resignation in lieu of involuntary separation and recommended approval with a general, under honorable conditions discharge. On 13 June 1994, Orders 94-173-001, DA, HQ, US Army Reserve Command, GA, discharged the applicant from the USAR, effective date: 13 June 1994.

         b. On 13 June 1994, the applicant was discharged. He was credited with
5 years, 10 months, and 16 days active military service.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 135-175 sets forth the basic authority for the separation of officer personnel. Paragraph 2-11g and 2-12i(2) provides for the involuntary separation of officers of the Army National Guard of the United States (ARNGUS) and the United States Army Reserve (USAR) for substandard performance of duty and for moral or professional dereliction respectively. Chapter 6 prescribes the procedures governing the submission of resignations for officers who are identified for involuntary separation. Army policy states that the service of personnel separated under this regulation will be an honorable or general discharge, or under other than honorable discharge service.

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 000302.
         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:
         ( ) Records review ( X ) Hearing

         b. Type Held:
         ( )Records review ( X ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington, DC on 15 May 2000 .
         d. Appearance by:
         Applicant ( X ) Yes ( ) No
         Counsel ( ) Yes ( X ) No

          e. Applicant testified: ( X ) Yes ( ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing: 78 additional documents.

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 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 rejected. On 3 January 1994 the applicant submitted his request for resignation in lieu of involuntary separation. That document was authenticated by both the applicant and his legal counsel. In that document the applicant stated, in effect, that he had been advised of the reason for the initiation of the involuntary separation action; that he had been informed of his right to appear before a board of officers; that he had the right to be represented by counsel; and, that he could submit statements in his own behalf. However, the applicant also stated that he waived the aforementioned rights and that he understood he could receive a discharge under other than honorable conditions. The Board was satisfied that the rights of the applicant were fully protected throughout the separation process.
         a. Propriety:    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) and (3) The issues are rejected. The Board carefully reviewed the applicant’s record during the period of service under review and heard his testimony. There was a full consideration of all his faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The evidence of record shows that the applicant voluntarily requested resignation in lieu of separation under the provisions of Chapter 6, AR 135-175 by reason of unsatisfactory participation as a result of numerous unexcused absences from scheduled training. The appropriate authority approved the applicant's request and issuance of a general, under honorable conditions discharge. The Board concluded that by his misconduct, the applicant diminished the overall quality of his service below that meriting a fully honorable 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. 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:


WILSON A. SHATZER
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




EARNEST C. SMITH, JR.
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: 2000039380 INDEX NUMBERS: A9217
Date of Review: 000515 A9235
Character of Service: GD A0100
Date of Discharge: 940613
Authority: AR 135-175 C6
Reason: A8100
Results of Board Action/
Vote/Affirmation: NC 5-0 A













PART IX - VOTING RECORD



 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC SMITH, EARNEST   Mbr      X          X    

2. COL COOLEY, HOWARD   Mbr      X          X    

3.      Mbr      X          X    

4.      Mbr      X          X    

5.      PO      X          X    





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