Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000044447
Original file (2000044447.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

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

1. Character of Discharge: Uncharacterized

2. Date of discharge (or REFRAD): 940630

3. Authority for separation:

         a. Regulation: Chapter 13, AR 135-178

          b. Reason: Unsatisfactory Participation
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            NONE
a. Period entered for: 8 Years
b. Entry date: 920103
c. Age: 17 Years DOB: 740929
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 98 3. Highest grade achieved:
f. Length of Service: E3
2 Year(s) 5 Month(s) 28 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
         ADT      920604   920807   NA

(Concurrent service)



PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 22 March 1994, Department of the Army, 833D Personnel Service Company (Type D) Panama City, Florida, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation, with an uncharacterized discharge. The applicant was advised of her rights. On 22 March 1994, the applicant was administratively reduced under the provisions of AR 140-158, paragraph 7-10, from the rank of PFC/E3 to PVT/E2, due to unsatisfactory participation. The applicant did not acknowledge receipt of notification letters of instructions-for unexcused absences or contact legal counsel for consultation. On 22 June 1994, DA HQ; 81 st US Army Reserve Command 1514 East Cleveland Avenue, East Point, Georgia; Orders 059-066 discharged the applicant from the US Army Reserve.

         b. On 30 June 1994, the applicant was discharged with an uncharacterized discharge. At the time of discharge, the applicant had 2 years, 5 months, and 28 days, service on her current enlistment.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 135-178 provides for the separation of members of the Army National Guard and Army Reserve. Chapter 13 prescribes the procedures for discharging members for unsatisfactory participation. A soldier is subject to discharge for unsatisfactory participation when it is determined that the soldier is unqualified for further service because a soldier is an unsatisfactory participant in scheduled unit training assemblies. The service of a member separated under this provision will be characterized as honorable or under honorable conditions as warranted by his or her military record, unless a soldier is in entry level status (i.e., less than 180 days continuous individual active duty training or nor more than 90 days of Phase II under a split training option) and his or her service will be uncharacterized.
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 000627, with two (2) 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 23 August 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: ( ) 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.
(1) The issue is rejected. The Board carefully examined the applicant’s record of service during the period of enlistment under review .
The record shows that the applicant was discharged under the provisions of AR 135-178, Chapter 13, for unsatisfactory participation. The record contains evidence that the applicant was appropriately notified of her unexcused absences from her scheduled unit training assemblies. Her period of service was uncharacterized because she was in entry level status. A soldier in the Army Reserves is in entry level status for the first 180 days of continuous individual active duty training (IADT) or no more than 90 days of Phase II under a split training option. The applicant enlisted under a split training option and did not complete Phase II. Therefore, she was in entry level status. A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The Board determined that no such unusual circumstances were present in the applicant’s record and her service did not warrant an honorable 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. 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: 2000044447 INDEX NUMBERS: A8401
Date of Review: 000823 A0101
Character of Service: EL A9321
Date of Discharge: 940630
Authority: AR 135-178 C13
Reason: A8400
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 | CY2000 | 2000044263

    Original file (2000044263.rtf) Auto-classification: Approved

    Change reason to Secretarial Authority under Section II, Paragraph 4-4, AR 135-178. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000044263 INDEX NUMBERS: A9456 Date of Review: 000823 A1200 Character of Service: EL A0100 Date of Discharge: 990601 Authority: AR 135-178 C6 Reason: A4900 Results of Board Action/ Vote/Affirmation: MD 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2001 | 2001056391

    Original file (2001056391.rtf) Auto-classification: Denied

    On 21 March 1995, the applicant was discharged. However, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted. AR Number: 2001056391 INDEX NUMBERS: A9217 Date of Review: 010809 A9221 Character of Service: EL A0113 Date of Discharge: 950321 Authority: AR 135-178 C5 Reason: A2900 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • 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 | CY1999 | 1999027442

    Original file (1999027442.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. 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 AR Number: 1999027442 INDEX...

  • ARMY | DRB | CY2003 | AR2003095869

    Original file (AR2003095869.doc) Auto-classification: Approved

    On 15 May 1995, the applicant was discharged. The regulation also permitted the characterization of service as under honorable conditions, but did not authorize the characterization of service as honorable. 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...

  • ARMY | DRB | CY2005 | 20050005110

    Original file (20050005110.doc) Auto-classification: Denied

    DEPARTMENT OF THE ARMY Army Discharge Review Board 1901 South Bell Street Arlington, VA 22202-4508 9 December 2005 Office of the President After careful review of your application, military records and all other available evidence, the Army Discharge Review Board determined that you were properly and equitably discharged. On 1 May 2001, 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...

  • ARMY | DRB | CY2004 | AR20040000655

    Original file (AR20040000655.doc) Auto-classification: Approved

    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. The characterization of service will normally be under other than honorable conditions. 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 -...

  • ARMY | DRB | CY1999 | 1999023671

    Original file (1999023671.rtf) Auto-classification: Approved

    Accordingly, the Board voted to change the reason for separation to Secretarial Authority and the characterization of service to fully honorable. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999023671 INDEX NUMBERS: A0142 Date of Review: 990405 A0132 Character of Service: GD A9218 Date of Discharge: 971113 Authority: AR 135-178 C7 Reason: A6730 Results of Board Action/ Vote/Affirmation: HD 5-0 A PART IX - VOTING RECORDName...

  • ARMY | DRB | CY1999 | 99032326

    Original file (99032326.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 C-1: DD Form 149, dated 990925. The evidence of record indicates that the applicant was discharged under the provisions of Chapter 11, AR 135-178, by reason of expiration of term of service with an uncharacterized discharge.

  • ARMY | DRB | CY2000 | 2000050820

    Original file (2000050820.rtf) Auto-classification: Approved

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 000815. In view of the above, the PAARNG is requested to change the applicant’s NGB Form 22A (Report of Separation and Record of Service) to reflect that the applicant was discharged under the provisions of paragraph 8-27f, by reason of unsatisfactory participation. In view of the above, the PAARNG is requested to change the applicant’s NGB Form 22A (Report of Separation and Record of Service) to reflect that the...