Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000043225
Original file (2000043225.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): 910104

3. Authority for separation:

         a. Regulation: Chapter 6, AR 635-200

          b. Reason: Sole Parent
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            MSM
a. Period entered for: 4 Years GCMDL(6)
b. Entry date: 880202 OSR(3)
c. Age: 38 Years DOB: 490827
d. Educational level: Col Grad
e. Aptitude area score:
          GT: 120 3. Highest grade achieved:
f. Length of Service: E7
2 Year(s) 11 Month(s) 2 Day(s)

4. Performance evaluations:
See OMPF

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

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 901216-901216

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment:

         Date     Offense(s)
         910103 FTG, between (900901 and 901129); AWOL (901216-901217)

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

Other discharge(s):

          Service   From      To        Type Discharge
         RA 680801 750218 HD
         RA 750219 790216 HD
         RA 811105 840829 HD
         RA 840830 880201 HD



PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 3 January 1991, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 6, AR 635-200 by reason of hardship/sole parent, with a general, under honorable conditions discharge. He was advised of his rights. The applicant acknowledged notification, waived counsel, was advised of the impact of the discharge action, waived personal appearance before an administrative separation board and did not submit a statement in his own behalf. The unit commander subsequently recommended approval with a general discharge and forwarded it through command channels to the separation authority. The intermediate commander reviewed the proposed discharge action and recommended approval with a general discharge. On 3 January 1991, the separation authority directed that the applicant be discharged with a general discharge.

         b. On 4 January 1991, the applicant was discharged. He was credited with
2 years, 11 months, and 2 days active service on the enlistment under review and
19 years, 8 months and 16 days total time in service.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 6-3b(2) provides that a soldier who are sole parents, and whose children under 18 years of age reside within the household may apply for separation under hardship. Separation is based on who is single by reason of never having been married, or is divorced or legally separated and has been awarded child custody by judicial decree or court order, or is a widow or widower.

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 000401, with three (3) 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 July 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 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.

 (2) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board found that the length and quality of the applicant’s service mitigated his misconduct. In view of the foregoing, the Board determined that the characterization of service was inequitable. 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.
(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.
         ( 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       

                                 
Ms. McKim-Spilker
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 28 July 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 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: 2000043225 DEX NUMBERS: A9406
Date of Review: 000726 A9218
Character of Service: GD A0100
Date of Discharge: 910104
Authority: AR 635-200 C6
Reason: A3500
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 | CY2003 | 2003089336

    Original file (2003089336.rtf) Auto-classification: Approved

    On 17 May 1991, the applicant was 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. ( X ) Change reason and authority for discharge to Misconduct, AR 635-200.

  • ARMY | DRB | CY1997 | 199700631

    Original file (199700631.rtf) Auto-classification: Denied

    CASE NO: AD97-00631 PART III - SERVICE HISTORYSECTION A - Period of Service Under Review - Continued 5. Summary of facts and circumstances concerning discharge: 901222: Unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, AR 635-200, did not meet procurement medical fitness standard- no disability. CASE NO: AD97-00631 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2000 | 2000043693

    Original file (2000043693.rtf) Auto-classification: Denied

    On 5 April 1990, the applicant was discharged. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000043693 INDEX NUMBERS: A9217 Date of Review: 000726 A0100 Character of Service: UD A9500 Date of Discharge: 900405 Authority: AR 635-200 C10 Reason: A7000 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700392

    Original file (199700392.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, Paragraph 2. The request for separation clearly stated that once separated, the applicant would not be permitted to reenlist at a later date and would be ineligible for further service. Voting record: ChangeNo 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...

  • ARMY | DRB | CY1997 | 199700567

    Original file (199700567.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): HD 2. ( ) Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to under .2. A - Application for review of discharge C - Other B - Material submitted by applicant AD* * * * * * * A* * * A 1 10 11 12 18 20 26 41 46 49 52

  • ARMY | DRB | CY1999 | AR1999024292

    Original file (AR1999024292.rtf) Auto-classification: Approved

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1997 | 199700469

    Original file (199700469.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): HD 2. ( ) Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to under .2. CASE NO: AD97-00469 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR X X X X X X X X X X

  • ARMY | DRB | CY2000 | 2000044724

    Original file (2000044724.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. 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. The Board,...

  • ARMY | DRB | CY2000 | 2000037674

    Original file (2000037674.rtf) Auto-classification: Approved

    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 his receiving a characterization of service of no less favorable than general, under honorable conditions and did not submit a statement on his own behalf. The Board carefully reviewed the applicant’s record of service during the period of enlistment under review. ( X ) Change...

  • ARMY | DRB | CY2003 | 2003083356

    Original file (2003083356.rtf) Auto-classification: Approved

    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 in his own behalf. On 22 March 1995, the separation authority approved the board’s recommendation and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant