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ARMY | DRB | CY2000 | 2000039861
Original file (2000039861.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): 961231

3. Authority for separation:

         a. Regulation: Chapter 6 and Chapter 4, AR 600-8-24

          b. Reason: Unacceptable Conduct
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            BSM
a. Period entered for: Indefin MSM(4)
b. Entry date: 740709 ARCOM(3)
c. Age: 22 Years DOB: 510828 AAM
d. Educational level: MS Grad NDSM(2)
e. Aptitude area score: SWASMw/3BSS
          GT: NA KLM
f. Length of Service: ASR
22 Year(s) 5 Month(s) 23 Day(s) OSR(3)
3. Highest grade achieved:
O5
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)

         ______________________________
          950418 Letter of reprimand – you struck your wife and daughter, abusive
         conduct brings discredit upon you and raises doubts about your
         fitness for future service (941015)(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
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 14 February 1996, the appropriate authority notified the applicant of initiation of elimination under the provisions of Chapter 4, AR 600-8-24 by misconduct, moral or professional dereliction, or in the interest of national security, with an under other than honorable conditions discharge. On 9 July 1996, the applicant voluntarily requested that he be released from active duty and assignment, and placed on the retired list as soon thereafter as practicable under the provisions of Chapter 6, AR 600-8-24, and Chapter 4, AR 600-8-24 resignation in lieu of elimination. He was advised of his rights. On 15 July 1996, the appropriate authority recommended approval of the request for retirement in lieu of elimination with an honorable discharge. On 9 October 1996, the Army Grade Determination Review Board (AGDRB) convened and recommended that the applicant be retired in the grade of LTC (O5). On 21 October 1996, Principal Deputy Assistant Secretary (Manpower and Reserve Affairs) approved the recommendation of the Army Grade Determination Review Board. On 6 November 1996, Orders S212-9, DA, US Total Army Personnel Command, VA, retired the applicant from active service, released him from assignment and duty, and placed him on the retired list.
         b. On 31 December 1996, the applicant was retired. He was credited with
22 years, 5 months, and 23 days active service on the enlistment under review.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 600-8-24 sets for the basic authority for Officer transfers and discharges. Chapter 6 and Chapter 4 outlines the policy and procedure for the voluntary retirement in lieu of eliminating officer from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security.


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 000315, with three (3) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 149, dated 991218.

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 26 April 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 narrative reason for discharge is inequitable.

         b. Request: ( ) 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.

 (2) The issue is accepted. The Board carefully reviewed the applicant’s record during the period of service under review. There was a full consideration of all his faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense. The evidence of record shows that the applicant voluntarily requested retirement in lieu of impending elimination for misconduct or moral or professional dereliction. While the Board does not condone the applicant's misconduct, the Board determined that his misconduct was an aberration in a lengthy record of meritorious service. Therefore, the Board concluded that the narrative reason as reflected on his DD 214 is inequitable. Accordingly, the Board voted to change the reason for discharge to secretarial authority.
(1) See Paragraph 3, below.

3. Response(s) to item(s) not addressed as decisional issue(s):

Inasmuch as the Board voted to grant the full relief requested, response to the remaining issue is neither required nor rendered.
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.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( X )    Inequitable as to reason. Change reason to Secretarial Authority
                  under Chapter 5, AR 600-8-24 .
         ( )      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 5 0
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: 2000039861 INDEX NUMBERS: A9456
Date of Review: 000426 A9218
Character of Service: HD A0100
Date of Discharge: 961231
Authority: AR 600-8-24 C6 & C4
Reason: A8100
Results of Board Action/
Vote/Affirmation: MD 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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