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ARMY | DRB | CY2000 | 2000046097
Original file (2000046097.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): 980724

3. Authority for separation:

         a. Regulation: Chapter 4, AR 600-8-24

          b. Reason: Unacceptable Conduct
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            MSM(2)
a. Period entered for: Indef ARCOM(3)
b. Entry date: 840928 AAM
c. Age: 23 Years DOB: 610831 NDSM
d. Educational level: Col Grad HSM
e. Aptitude area score: ASR
          GT: NA OSR
f. Length of Service: 3. Highest grade achieved:
13 Year(s) 9 Month(s) 27 Day(s) O4

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)
         ____________________________
          970703 Letter of reprimand – you misused your government credit card by
         making purchases while not on official travel over $4,500.00,
         between (940428 and 950227) again from (970101 through
         970531)(administrative)
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 840428 840927 NA



PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 11 September 1997, the chain of command notified the applicant of initiation of elimination action under the provisions of Chapter 4, AR 600-8-24 by reason misconduct, moral or professional dereliction. On 12 February 1998, the appropriate authority recommended elimination from the Army with an honorable discharge. On 11 May 1998, the chain of command recommended eliminated with a general discharge. On 12 June 1998, an Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of an honorable discharge. On 30 July 1998, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharged with an honorable discharge.

         b. On 24 July 1998, the applicant was discharged. He was credited with
13 years, 9 months, and 27 days active service on the enlistment under review.

         c. The applicant was recommended for elimination from the service due to his misusing his government credit card. The applicant charged over $4,500 on his government credit and was delinquent in repaying the charges. He repeated this misconduct on at least one other occasion.

 2. Legal/Regulatory Basis for Separation Action : Army Regulation 600-8-24 sets for the basic authority for Officer transfers and discharges. Chapter 4 outlines the policy and procedure for the eliminating officer from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security.


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 000726, with three (3) 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 20 September 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), (2), and (3) The issue are rejected. The Board carefully reviewed the applicant’s record of service and the documents submitted with his application. There was a full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board noted the applicant’s contentions, in effect, that his narrative reason for discharge and reentry eligibility code are inconsistent with the recommendations of the commanding general and the Army Board of Review. However, after a thorough review of the commanding general’s and the Army Board of Review’s recommendations, this Board found that these recommendations addressed the characterization of service only. The reentry eligibility code JNC is the appropriate code for a soldier eliminated under Chapter 4, Army Regulation 600-8-24 for unacceptable conduct. The Board sympathizes with the applicant not being able to find suitable employment; however, the applicant by abusing a government credit card, knowingly risked his military career. Furthermore, changing reentry eligibility codes is not within the purview of this Board. 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. WADE
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: 2000046097 INDEX NUMBERS: A9217
Date of Review: 000920 A0100
Character of Service: HD A9455
Date of Discharge: 980724 A9201
Authority: AR 600-8-24 C4 A9405
Reason: A8100
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    





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