Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000043606
Original file (2000043606.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: Under Other Than Honorable Conditions

2. Date of discharge (or REFRAD): 851002

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-120

          b. Reason: Conduct Triable by Court-Martial
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: Indef OSR
b. Entry date: 810510
c. Age: 29 Years DOB: 520216
d. Educational level: Col Grad
e. Aptitude area score:
          GT: 133 3. Highest grade achieved:
f. Length of Service: O2
4 Year(s) 4 Month(s) 23 Day(s)

4. Performance evaluations:
See OMPF

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)
         841108 Wrongfully, dishonorably, and without authorization, prepare a false recommendation for award of the ARCOM in your own behalf (840823)
         850430 Escort a female on to a military installation and accompanied her to the assigned room of CPT, where in the presence of you and CPT, marijuana was smoked by an occupant, thereby resulting in MP intervention and your apprehension (850104)
         ____________________________________
         850430 Letter of reprimand – while in assigned quarters of CPT, you knowingly allowed your civilian guest to smoke marijuana (850104)

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 760817 790816 HD



PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 6 May 1985, the applicant was charged with unlawfully striking a SPC (850427). On 12 September 1985, the unit commander approved the applicant’s request for resignation in lieu of trial by court-martial. On 17 September 1985, the appropriate authority approved the resignation of the applicant. On 25 September 1985, PERSCOM approved the applicant’s request for resignation under the provisions of Chapter 5, AR 635-120 for the good of the service with the issuance of an under other than honorable conditions discharge.
         b. On 2 October 1985, the applicant was discharged. He was credited with
4 years, 4 months, and 23 on the period of service under review.

2. Legal/Regulatory Basis for Separation Action : Army regulation 635-120, in effect at the time, prescribed the procedures for the resignation of USAR commissioned officers on active duty. Chapter 5 allowed for an officer to submit a resignation for the good of the Service (RFGOS) in lieu of court-martial. An officer separated under this paragraph normally receives characterization of service of general, under honorable conditions or under other than honorable conditions.

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 980925.
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 149, dated 000424.

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, D C on 12 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:
         ( )     Additional issue(s) identified during review/hearing as follows:
         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), (2), (3), and (4) The issues are rejected. The Board carefully examined the applicant’s record of service during the period 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 evidence of record shows that the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice with a punitive discharge. The applicant voluntarily requested resignation for the good of the service in lieu of trial by general court-martial under the provisions of Chapter 5, AR 635-120. The appropriate authority approved the applicant's request and issuance of an under other than honorable discharge. The Board concluded that by his misconduct, the applicant diminished the overall quality of his service below that meriting a general or a fully honorable discharge. The Board noted the applicant’s contention that he had moved on to a successful life after the Army, however, in review of the applicant’s entire service record, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.
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                       .

         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( )      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 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. McKim-Spilker
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
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: 2000043606 INDEX NUMBERS: A9217
Date of Review: 000712 A9235
Character of Service: UD A9309
Date of Discharge: 851002 A9221
Authority: AR 635-120 C5 A0100
Reason: A8000
Results of Board Action/
Vote/Affirmation: NC 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 | CY1999 | AR1999024576

    Original file (AR1999024576.rtf) Auto-classification: Approved

    A DD Form 214 (Certificate of Release or Discharge from Active Duty) which documents the following facts: Effective Date of Separation: 13 December 1991; Characterization of Service-General, Under Honorable Conditions; Authority for Separation- at 635-120, Chapter 3; and Narrative Reason for Separation-Unqualified Resignation. ( X ) Change the characterization of the discharge to Honorable.SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army...

  • ARMY | DRB | CY2000 | 2000035432

    Original file (2000035432.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990310. However, the Board noted that the applicant’s request for resignation was properly submitted to Headquarters, Department of the Army, Military Personnel Center, who upon review of the facts and circumstances, approved his release from active duty with a general, under honorable conditions discharge. The Board, being convinced that the reason for discharge and the characterization of service were proper and...

  • 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...

  • ARMY | DRB | CY2000 | 2000044610

    Original file (2000044610.rtf) Auto-classification: Approved

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. An officer separated under this paragraph normally receives characterization of service of general, under honorable conditions or under other than honorable conditions. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2004 | AR2004101175

    Original file (AR2004101175.doc) Auto-classification: Approved

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. On 23 May 1994, the applicant was discharged. Remarks: Change SPD code to “FND.” 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 - Other B - Material submitted by applicant INDEX RECORD: AR...

  • ARMY | DRB | CY2003 | 2003087752

    Original file (2003087752.rtf) Auto-classification: Approved

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. On undated, having considered the recommendation of the Army Ad Hoc Review Board, the Deputy Assistant Secretary (Army Review Boards) accepted the applicant’s resignation for the good of the service; however, directed issuance of a general, under honorable conditions discharge. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1997 | 199701512

    Original file (199701512.rtf) Auto-classification: Denied

    881128: Applicant was discharged.2. The evidence of record does not substantiate the applicant’s issue of wrongful/malicious prosecution. CASE NO: AD97-01512 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL MELCHIOR Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE TO: Commander, ARPERCEN The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June...

  • ARMY | DRB | CY2000 | 2000048643

    Original file (2000048643.rtf) Auto-classification: Denied

    The Board carefully examined the applicant’s record of service during the period under review. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000048643 INDEX NUMBERS: A9217 Date of Review: 001213 A9235 Character of Service: GD A0100 Date of Discharge: 950707 Authority: AR 635-120 C4 Reason: A8000 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2000 | 2000036908

    Original file (2000036908.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 | CY1997 | 199701572

    Original file (199701572.rtf) Auto-classification: Denied

    870317: Applicant was discharged. In support of his application, the applicant submitted the Letter of Commendation dated 31 January 1985, informing him of his selection as the Honor Graduate of his class while undergoing One Station Unit Training. Finally, the Board considered the applicant's entire record of service for the period under review; it also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the...