Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000040008
Original file (2000040008.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): 980811

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ARCOM
a. Period entered for: 4 Years (21 mos ext) NDSM
b. Entry date: 940121 (961016) ASR
c. Age: 18 Years DOB: 750205 OSR
d. Educational level: GED
e. Aptitude area score:
          GT: 117 3. Highest grade achieved:
f. Length of Service: E4
4 Year(s) 6 Month(s) 21 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:

         a. SCM:
                  Date Offense(s)
980407 Wrongfully use of a controlled substance (undated)
        
         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. Evidence of record shows that on 29 April 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of a serious offense, with a general, under honorable conditions discharge. He was advised of his rights. The applicant acknowledged notification, consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf. The unit commander subsequently recommended waiver of further rehabilitative efforts and recommended separation with a general, under honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 30 June 1998, the separation authority directed that the applicant be discharged with a general, under honorable conditions discharge.

         b. On 11 August 1998, the applicant was discharged. At the time of discharge, the applicant had 4 years, 6 months, and 21 days service on his current enlistment.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter l4 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.
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 000323, 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 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:
         ( )     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 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) The issue is rejected. The Board acknowledges the applicant's successful transition to civilian life and noted the accomplishments outlined in his application. However, in review of the applicant’s entire service record, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted. Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a soldier. The applicant, as a soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of 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 2 3

         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       

                                 
MRS. WADE
 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: 2000040008 INDEX NUMBERS: A9217
Date of Review: 000426 A0100
Character of Service: GD A9321
Date of Discharge: 980811 A9445
Authority: AR 635-200 C14
Reason: A6770
Results of Board Action/
Vote/Affirmation: NC 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 | 2000043046

    Original file (2000043046.rtf) Auto-classification: Denied

    This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process. The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, voted to deny relief.3. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2003 | 2003090144

    Original file (2003090144.rtf) Auto-classification: Approved

    SECTION B - Prior Service Data NONEOther discharge(s): ServiceFromToType Discharge PART IV - PREHEARING REVIEWSECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances:a. The Board determined that the reason for discharge was both 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 | CY2002 | 2002067265

    Original file (2002067265.TXT) Auto-classification: Approved

    SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 901023 960723 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. 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: 20 February 2002 The Army...

  • ARMY | DRB | CY2000 | 2000042412

    Original file (2000042412.rtf) Auto-classification: Denied

    The applicant acknowledged notification, consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, contingent upon receiving a characterization of service no less favorable than general, under honorable conditions, and did not submit a statement in his own behalf. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to...

  • ARMY | DRB | CY2003 | 2003090141

    Original file (2003090141.rtf) Auto-classification: Approved

    On 22 March 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. On 22 May 2001, the applicant was discharged. The Board determined that the reason for discharge was proper and equitable and voted not to change it.

  • ARMY | DRB | CY2002 | 2002073011

    Original file (2002073011.TXT) Auto-classification: Approved

    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. 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: 23 May 2003 The Army Discharge Review...

  • ARMY | DRB | CY2003 | 2003088103

    Original file (2003088103.rtf) Auto-classification: Denied

    His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200 by reason of misconduct, with a characterization of service of general, under honorable conditions. On 9 May 2000, the applicant was discharged. 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 - CERTIFICATION Approval...

  • ARMY | DRB | CY2004 | AR2004102871

    Original file (AR2004102871.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. RIVERA Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY2004 | AR20040004507

    Original file (AR20040004507.doc) Auto-classification: Denied

    DEPARTMENT OF THE ARMY Army Discharge Review Board 1901 South Bell Street Arlington, VA 22202-4508 4 March 2005 Office of the President After careful review of your application, military records and all other available evidence, the Army Discharge Review Board determined that you were properly and equitably discharged. 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:...

  • ARMY | DRB | CY2000 | 2000036034

    Original file (2000036034.rtf) Auto-classification: Approved

    His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, Paragraph 14-12C, AR 635-200 by reason of misconduct with a characterization of service of under other than honorable conditions. A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 991210. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE...