Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000043504
Original file (2000043504.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): 901001

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:
                            GCMDL
a. Period entered for: 6 Years NCOPDR
b. Entry date: 890526 C/Ach
c. Age: 21 Years DOB: 671025
d. Educational level: GED
e. Aptitude area score:
          GT: 110 3. Highest grade achieved:
f. Length of Service: E4
1 Year(s) 4 Month(s) 6 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)
         900914   As a result of wrongful previous overindulgence in intoxicating liquor incapacitated for the proper performance of your duties. (900913)

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       860402   890525   Honorable



PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that 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 discharge. He was advised of his rights. The applicant waived 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. On 26 September 1990, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general discharge.

         b. On 1 October 1990, the applicant was discharged. At the time of discharge, the applicant had 1 year, 4 months, and 6 days service on his current enlistment and 4 years, 6 months, total time in service.

         c. The unit commander recommended the applicant be separated from the Army because of his overindulgence of alcohol, which rendered him drunk on duty and resulted in him accepting an Article 15 for this misconduct.

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 000521.
         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 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: (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 reviewed 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, which led to his separation from the Army. While the Board does not condone the applicant’s misconduct, it determined that the characterization of service was inequitable. The Board found that the applicant’s generally acceptable personal conduct and performance of duty mitigated the discrediting entry in his service record. 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. 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: 2000043504 INDEX NUMBERS: A9218
Date of Review: 000719 A0100
Character of Service: GD A9235
Date of Discharge: 901001
Authority: AR 635-200 C13
Reason: A4900
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 | 2000038997

    Original file (2000038997.rtf) Auto-classification: Approved

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. ( X ) Both proper and equitable, but reason for separation cited was an administrative/clerical error and should be changed to Misconduct under Paragraph 14-12b, AR 635-200. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1999 | 1999029004

    Original file (1999029004.rtf) Auto-classification: Approved

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR Number: 1999029004 INDEX NUMBERS: A9218 Date of Review: 990804 A9318 Character of Service: UD A9320 Date of Discharge: 861104 A0100 Authority: AR 635-200 C14 Reason: A6770 Results of Board Action/ Vote/Affirmation: GD 5-0 A PART IX - VOTING RECORD Name Reason Characterization...

  • ARMY | DRB | CY2003 | 2003083826

    Original file (2003083826.rtf) Auto-classification: Approved

    The Board determined that the reason for discharge was proper and equitable and voted not to change it. 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: 6 June 2003 The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified...

  • ARMY | DRB | CY1999 | 1999024991

    Original file (1999024991.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE 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...

  • ARMY | DRB | CY1999 | 1999025579

    Original file (1999025579.rtf) Auto-classification: Denied

    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, 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. ADRIANCE Case Reviewing Official PART...

  • ARMY | DRB | CY2004 | AR20040000460

    Original file (AR20040000460.doc) Auto-classification: Approved

    Change characterization to Honorable. Voting record: Change No Change Reason 0 5 Characterization 3 2 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. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW Lieutenant Colonel, U.S. Army Chief, Secretary Recorder EXHIBITS: A - Application for review of discharge C...

  • ARMY | DRB | CY2003 | 2003085701

    Original file (2003085701.rtf) Auto-classification: Denied

    On 27 September 1999, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharge with a characterization of service of general, under honorable conditions. The applicant was discharged. AR Number: 2003085701 INDEX NUMBERS: A9235 Date of Review: 030820 A9217 Character of Service: GD A0113 Date of Discharge: 991020 Authority: AR 600-8-24 C3 Reason: A8000 Results of Board...

  • ARMY | DRB | CY1999 | 1999024914

    Original file (1999024914.rtf) Auto-classification: Approved

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) Records requests are not in the purview of the Army Discharge Review Board; however, we are directing, in Part VIII of this document, that the applicant be provided proper procedures for requested copies of his military records. AR Number: 1999024914 INDEX NUMBERS: A0154 Date of Review: 990428 A9218 Character of Service: GD A0100 Date of Discharge: 881117 Authority: AR 635-200 C9 Reason:...

  • ARMY | DRB | CY2004 | AR2004104169

    Original file (AR2004104169.doc) Auto-classification: Approved

    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: 8 October 2004 The Army Discharge Review Board,...

  • ARMY | DRB | CY2004 | AR20040002635

    Original file (AR20040002635.doc) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and requested appearance before an administrative separation board. Service of individuals separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military records. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW Lieutenant...