Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000043496
Original file (2000043496.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): 970325

3. Authority for separation:

         a. Regulation: Chapter 13, AR 635-200

         b. Reason: Unsatisfactory Performance

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: 3 Years ASR
b. Entry date: 951003
c. Age: 33 Years DOB: 620307
d. Educational level: 13 Years
e. Aptitude area score:
         GT: 100 3. Highest grade achieved:
f. Length of Service: E3
1 Year(s) 5 Month(s) 23 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: 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
         USAR 950828 951002 NIF





PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that on 13 March 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance, 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, requested consideration of his case by an administrative separation board and did not submit a statement in his own behalf. The unit commander subsequently recommended separation with a general, under honorable conditions discharge. On 17 March 1997, the separation authority directed that the applicant be discharged with a general, under honorable conditions discharge.

         b. On 25 March 1997, the applicant was discharged. At the time of discharge, the applicant had 1 year, 5 months, and 23 days on his current enlistment.

         c. The unit commander recommended the applicant be separated from the Army because of his failure to pass the Army Physical Fitness Test.

2.
Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.


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 000608, with one (1) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 149, dated 000608.



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 19 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: (5) The characterization of service was too harsh.

         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:

(5) The issue is accepted. The Board noted that the applicant was discharged for the sole reason of a failure to meet the minimum standards of the Army Physical Fitness Test. The Board also noted the lack of any nonjudicial punishment or court-martial convictions in the record. Based on these factors, the Board determined that relief is warranted based upon consideration of the applicant's otherwise noteworthy record. Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable. The Board found that the reason for discharge was proper and equitable and voted not to change it.

(1) and (3) The issues are rejected. The record does not support the applicant’s contentions, and no evidence to support them has been submitted by the applicant that his length of service is incorrect, that he was denied his choice of an overseas tour of duty, or that he developed health problems toward the end of his tour because he was overworked by his chain of command.

(2) and (4) The issues are rejected. The Board carefully examined the applicant’s record of service during the period of enlistment under review. The Board found no evidence of discrimination, physical abuse, a forced fight, or that the command tried to suppress the applicant’s self esteem. The evidence of record indicates that
before initiating action to separate the applicant, the command ensured the applicant was appropriately counseled about the deficiencies, which could lead to separation. The Board noted the command made an assessment of the applicant's potential for becoming a fully satisfactory soldier. The evidence of record established that the applicant was afforded a reasonable opportunity to overcome noted deficiencies. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.


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       

                                 
MS. WADE
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis Date: 21 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: 2000043496 INDEX NUMBERS: A9218
Date of Review: 000719 A0100
Character of Service: GD A9315
Date of Discharge: 970325 A9321
Authority: AR 635-200 C13 A9411
Reason: A4900 A9447
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 | CY2000 | 2000048569

    Original file (2000048569.rtf) Auto-classification: Denied

    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: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 AR Number: 2000048569 INDEX NUMBERS: A9217 Date of Review: 001206...

  • ARMY | DRB | CY2000 | 2000043287

    Original file (2000043287.rtf) Auto-classification: Approved

    Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable. However, the Board found that the reason for discharge was proper and equitable and voted not to change it. AR Number: 2000043287 INDEX NUMBERS: A9218 Date of Review: 000726 A0100 Character of Service: EL A9321 Date of Discharge: 990205 Authority: AR 135-178 C6 Reason: A4900 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2003 | 2003087278

    Original file (2003087278.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 | CY2003 | 2003084564

    Original file (2003084564.rtf) Auto-classification: Approved

    On 25 March 1997, the applicant was discharged. 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 TO: ARBA Support Division-St Louis Date: 11 July 2003 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...

  • ARMY | DRB | CY2001 | 2001058792

    Original file (2001058792.rtf) Auto-classification: Denied

    The evidence of record available to the Board shows that the applicant was discharged from the Army National Guard under the provisions of Chapter 13, AR 135-178 & paragraph 1-26k, by reason of unsatisfactory participation with a character of service of general, under honorable conditions. 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 -...

  • ARMY | DRB | CY2000 | 2000043354

    Original file (2000043354.rtf) Auto-classification: Denied

    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: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 AR Number: 2000043354 INDEX NUMBERS: A9217 Date of Review: 000726...

  • ARMY | DRB | CY1999 | 99033112

    Original file (99033112.rtf) Auto-classification: Denied

    Evidence of record shows that on 6 August 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance, with an honorable 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 | CY1999 | AR1999024317

    Original file (AR1999024317.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990302. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999024317 INDEX NUMBERS: A9217 Date of Review: 990519 A9201 Character of Service: GD A0100 Date of Discharge: 980609 Authority: AR 635-200 C14 Reason: A6770 Results of Board Action/ Vote/Affirmation: NC 5-0 A PART IX - VOTING RECORDName Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1999 | 1999027539

    Original file (1999027539.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 MR. RON WILLIAMS 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 -...

  • ARMY | DRB | CY1997 | 199701394

    Original file (199701394.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. 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 address below. CASE NO: AD97-01394 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL ALLEN Post...