Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000042327
Original file (2000042327.rtf) Auto-classification: Approved
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): 990712

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:
                            ASR
a. Period entered for: 3 Years
b. Entry date: 980113
c. Age: 20 Years DOB: 771004
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 86 3. Highest grade achieved:
f. Length of Service: E2
1 Year(s) 6 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:

         Date     Offense(s)
        

         ___________________________________
         981130   General Officer Memorandum of Reprimand-for illegal use of marijuana (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. Evidence of record shows that on 9 June 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—abuse of illegal drugs, with a general discharge. He was advised of his rights. 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. The unit commander subsequently recommended separation from the service, and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general discharge. On 21 June 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general discharge.

         b. On 12 July 1999, the applicant was discharged. At the time of discharge, the applicant had 1 year, and 6 months 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 000313.
         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 14 June 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: (1) 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.
(1) The issue is accepted. There was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board determined that the characterization of service was inequitable because the applicant’s generally acceptable personal conduct and performance of duty mitigated the applicant’s misconduct. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.

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   Honorable .
         ( )      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 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       

                                 
MR. RON WILLIAMS
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 16 June 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 characterization of discharge to Honorable .


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: 2000042327 INDEX NUMBERS: A9218
Date of Review: 000614 A0100
Character of Service: GD A9406
Date of Discharge: 990712 A9500
Authority: AR 635-200 C14
Reason: A6770
Results of Board Action/
Vote/Affirmation: HD 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 | CY2004 | AR20040004736

    Original file (AR20040004736.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. RON WILLIANS Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY2001 | 2001058745

    Original file (2001058745.rtf) 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. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2001058745 INDEX NUMBERS: A0113 Date of Review: 010822 A9217 Character of Service: HD Date of Discharge: 000301 Authority: AR 600-8-24, C4 Reason: A8000 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization...

  • ARMY | DRB | CY2000 | 2000035880

    Original file (2000035880.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149 dated 990612. The Board carefully reviewed the applicant’s record of service during the period of enlistment under review. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army...

  • ARMY | DRB | CY2002 | 2002076463

    Original file (2002076463.TXT) Auto-classification: Approved

    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. Exhibit(s) submitted at hearing: 7 documents PART VI - ISSUES AND FINDINGS 1. a. SECTION B - CERTIFICATION Approval Authority: SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review...

  • ARMY | DRB | CY2003 | 2003083855

    Original file (2003083855.rtf) Auto-classification: Denied

    On 31 May 2002, the applicant was discharged. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval...

  • ARMY | DRB | CY2000 | 2000051011

    Original file (2000051011.rtf) Auto-classification: Approved

    The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000051011 INDEX NUMBERS: A9217 Date of Review: 010221 A9201 Character of Service: GD A9221 Date of Discharge: 991006 A0100 Authority: AR 635-200 C14 Reason: A6750 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason...

  • ARMY | DRB | CY2003 | 2003084480

    Original file (2003084480.rtf) Auto-classification: Denied

    Her DD Form 214 indicates that she was discharged under the provisions of Chapter 5, AR 635-200 by reason of parenthood, with a characterization of service of honorable. 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. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY2002 | 2002078201

    Original file (2002078201.TXT) Auto-classification: Denied

    The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY1999 | 1999016626

    Original file (1999016626.rtf) Auto-classification: Denied

    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:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999016626 INDEX NUMBERS: A9217 Date of Review: 990331 A9500 Character...

  • ARMY | DRB | CY1999 | 1999025289

    Original file (1999025289.rtf) Auto-classification: Denied

    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:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999025289 INDEX NUMBERS: A9235 Date of Review: 990617 A9217 Character...