Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000044727
Original file (2000044727.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

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

1. Character of Discharge: Honorable

2. Date of discharge (or REFRAD): 990122

3. Authority for separation:

         a. Regulation: Chapter 6, AR 635-200

          b. Reason: Hardship
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: 4 Years NDSM
b. Entry date: 950912 C/Ach
c. Age: 32 Years DOB: 630108
d. Educational level: 13 Years
e. Aptitude area score:
          GT: 100 3. Highest grade achieved:
f. Length of Service: E4
3 Year(s) 4 Month(s) 11 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
         USNR 870528 870816 NA
         USN 870817 910816 HD
         CON GRP 910817 910828 NA
         USNR 910829 930218 HD
         CON GRP 930219 941018 NA
         USNR 941019 950214 HD
         CON GRP 950215 950527 NA



PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 11 September 1998, the applicant requested that she be separated from the Army under the provisions of Chapter 6, AR 635-200 by reason of hardship. She was aware of the impact of her request for discharge. The unit commander subsequently recommended approval of the discharge action and forwarded it through command channels to the separation authority. The intermediate commander reviewed the proposed discharge action and recommended approval. On 19 October 1998, the separation authority directed that the applicant be discharged with an honorable discharge.

         b. On 22 January 1999, the applicant was discharged. She was credited with
3 years, 4 months, and 11 days active service on the enlistment under review.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 6-3b provides that a soldier who are hardship exists when circumstances not involving death or disability for a member of the soldier’s (or spouse’s) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.


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 000709, with one (1) 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 16 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 available evidence shows that the applicant voluntarily requested and was granted a hardship discharge in order to assist her twin sister. The Board found that the applicant was properly discharged in accordance with her request. If the applicant desires to reenlist, she should contact the local recruiter to determine her eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. The Board, being convinced that the reason for discharge was 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: 2000044727 INDEX NUMBERS: A0101
Date of Review: 000816 A9445
Character of Service: HD A9500
Date of Discharge: 990122
Authority: AR 635-200 C6
Reason: A3500
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 | 1999023478

    Original file (1999023478.rtf) Auto-classification: Denied

    The Board noted that the reason for discharge was proper and equitable and voted not to change it.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 AR Number: 1999023478 INDEX NUMBERS: A9321 Date of Review: 990324...

  • ARMY | DRB | CY2002 | 2002066618

    Original file (2002066618.TXT) Auto-classification: Denied

    On 7 May 2001, the applicant was discharged. A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 010706. 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.

  • ARMY | DRB | CY2003 | 2003090212

    Original file (2003090212.rtf) Auto-classification: Approved

    On 9 May 1988, the applicant was discharged. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. ( X ) Change reason and authority for discharge to Misconduct, AR 635-200.

  • ARMY | DRB | CY2000 | 2000046597

    Original file (2000046597.rtf) Auto-classification: Approved

    The evidence of record shows that on 29 November 1993, the applicant requested separation for hardship conditions (parenthood) under the provisions of Chapter 6, AR 635-200. The Board determined that the reason for discharge was proper and equitable and voted not to change it. AR Number: 2000046597 INDEX NUMBERS: A9406 Date of Review: 001004 A9218 Character of Service: GD A0100 Date of Discharge: 940224 Authority: AR 635-200 C6 Reason: A1500 Results of Board Action/ Vote/Affirmation: HD...

  • ARMY | DRB | CY1999 | 1999019489

    Original file (1999019489.rtf) Auto-classification: Approved

    The evidence of record shows that on 6 September 1991, 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 (GD). EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999019489 INDEX NUMBERS: A9218 Date of Review: 990310 A9202 Character of Service: GD A0100 Date of...

  • ARMY | DRB | CY2002 | 2002077027

    Original file (2002077027.TXT) Auto-classification: Approved

    Remarks: NONE SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge USMC 840618 880505 Honorable USAR 010326 011008 NA PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. His DD Form 214 indicates that he was discharged under the provisions of Chapter 6-3B(2), AR 635-200 by reason of parenthood, with a characterization of service of honorable (HD). SECTION B - CERTIFICATION Approval Authority: SPURGEON A. MOORE Colonel, U.S....

  • ARMY | DRB | CY2000 | 2000043168

    Original file (2000043168.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 | CY1999 | 1999034847

    Original file (1999034847.rtf) Auto-classification: Denied

    On 5 May 1999, the applicant was discharged. 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 Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army...

  • ARMY | DRB | CY2004 | AR2004104930

    Original file (AR2004104930.doc) Auto-classification: Denied

    Her DD Form 214 indicates that she was released from active duty under the provisions of Chapter 6, paragraph 6-3b(1), AR 635-200, by reason of parenthood, with a characterization of service of honorable. The evidence of record shows the applicant was discharged under the provisions of Chapter 6, Paragraph 6-3b(1), AR 635-200, by reason parenthood with a characterization of service of honorable. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case...

  • ARMY | DRB | CY2002 | 2002079366

    Original file (2002079366.TXT) Auto-classification: Denied

    Service data: 2. The separation authority directed that the applicant be discharged with a characterization of service of honorable. 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: SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review...