Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000040401
Original file (2000040401.rtf) Auto-classification: Approved
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): 920910

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct-Patterns of Misconduct
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: 2 Years 15 weeks ASR
b. Entry date: 900516 OSR
c. Age: Years DOB: 710707
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 105 3. Highest grade achieved:
f. Length of Service: E3
2 Year(s) 3 Month(s) 11 Day(s)

4. Performance evaluations:
NONE

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

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 920208-920210; 920407-920414; 920817-920827

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment:

         Date     Offense(s)
         920309 With the intent to deceive, made an official statement which was false (920205)
         920505 AWOL (920407-920414)

7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: Bar to Reenlistment (920528)
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         ADT 900226 900515 NIF



PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that Orders 256-311, Department of the Army, Headquarters, 101 st Airborne Division (Air Assault) and Fort Campbell, Kentucky, discharged the applicant from the Regular Army, effective 10 September 1992. The applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant. His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200 by reason of misconduct-patterns of misconduct with a characterization of service of honorable.

         b. On 10 September 1992, the applicant was discharged. At the time of discharge, the applicant had 2 years, 3 months, and 11 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 000322.
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 149, dated 000322.

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 24 May 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. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the Board voted to change the narrative reason on the DD Form 214 to misconduct.

(1) The issue is rejected. The Board carefully examined the applicant’s record of service during the period of enlistment under review. The applicant’s record is void of the specific facts and circumstances concerning events that led to his discharge from the Army. The Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant. This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process. Additionally, the evidence of record does not support the applicant’s contention that he was held passed his expiration of term of service, nor did he provide any evidence to support his contention. The Board, being convinced that the reason for discharge was proper, voted not to change it beyond that specified in 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.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( X )    Inequitable as to reason. Change reason to Misconduct
                  under AR 635-200 .
         ( )      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. WADE
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 26 May 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 narrative reason for discharge to Misconduct , under AR 635-200.
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: 2000040401 INDEX NUMBERS: A9442
Date of Review: 000524 A0100
Character of Service: HD A9455
Date of Discharge: 920910
Authority: AR 635-200 C14
Reason: A6750
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    





Similar Decisions

  • ARMY | DRB | CY1997 | 199700558

    Original file (199700558.rtf) Auto-classification: Denied

    CASE NO: AD97-00558 PART III - SERVICE HISTORYSECTION A - Period of Service Under Review - Continued 5. Summary of facts and circumstances concerning discharge: 920325: Unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, for misconduct, pattern of misconduct. CASE NO: AD97-00558 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2001 | 2001052972

    Original file (2001052972.rtf) Auto-classification: Denied

    On 22 March 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 Authority:GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1999 | 1999029555

    Original file (1999029555.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.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR Number: 1999029555 INDEX...

  • ARMY | DRB | CY2003 | AR2003095937

    Original file (AR2003095937.doc) Auto-classification: Denied

    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. 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 general, under honorable conditions. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and...

  • ARMY | DRB | CY2000 | 2000049602

    Original file (2000049602.rtf) Auto-classification: Approved

    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. SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2000 | 2000045025

    Original file (2000045025.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. This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process. It also noted that the characterization of service for this type of...

  • ARMY | DRB | CY2001 | 2001052687

    Original file (2001052687.rtf) Auto-classification: Denied

    On 10 July 1992, the applicant was discharged. A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 010126. 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 Authority:GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board

  • ARMY | DRB | CY2000 | 2000047450

    Original file (2000047450.rtf) Auto-classification: Denied

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:WILSON A....

  • ARMY | DRB | CY2000 | 2000037983

    Original file (2000037983.rtf) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested a hearing by a board of officers and did not submit a statement on his own behalf. The board recommended separation for misconduct-patterns of misconduct with a characterization of service of general, under honorable conditions. On 14 May 1992, the applicant was discharged.

  • ARMY | DRB | CY2000 | 2000038084

    Original file (2000038084.rtf) Auto-classification: Denied

    The evidence of record shows that on 11 March 1994, the appropriate authority notified the applicant of initiation of separation action under the provisions of Chapter 4, AR 635-120 by reason of acts of personal misconduct and conduct unbecoming an officer. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000038084 INDEX NUMBERS: A8001 Date of Review: 000322 A0100 Character of Service: HD A9235 Date of Discharge: 941104...