Upgrade.Vet

ARMY | DRB | CY2000 | 2000046703

Original file (2000046703.rtf) Auto-classification: Denied

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): 980304

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

         b. Reason: Misconduct

4. Prior review(s): NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.       Service data: 2. Awards and decorations:
                           ARCOM L/C
a. Period entered for: 4 Years AAM C/Ach
b. Entry date: 930305 GCMDL
c. Age: 19 Years DOB: 730724 NDSM
d. Educational level: HS Grad ASR
e. Aptitude area score: OSR
         GT: 109 3. Highest grade achieved:
f. Length of Service: E4
4 Year(s) 6 Month(s) 20 Day(s)

4. Performance evaluations:
NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 960504-961010;

         Mil conf 0

         Civil conf 0

         Other 0

6. Nonjudicial punishment:

         Date     Offense(s)
         970414   AWOL (960504-961010)

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
NONE

Other discharge(s):

         Service From      To        Type Discharge

PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 9 January 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of a serious offense, with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 11 February 1998, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general discharge.

         b. On 4 March 1998, the applicant was discharged. At the time of discharge, the applicant had 4 years, 6 months, and 20 days, service on his current enlistment and 159 days lost time.

         c. The unit commander recommended the applicant be separated from the Army because he was absent without leave for 159 days. Although it appears the applicant was held past his expiration term of service (ETS); the evidence of record shows that on 23 July 1997, the applicant requested retention on active duty for medical reasons. His new ETS was adjusted to 13 February 1998 with the stipulation that if hospitalization/treatment was completed prior to this date the applicant would ETS. Additionally, the evidence of record shows that the applicant authenticated a statement with his signature wherein he indicated that he desired retention in the active Army beyond his newly adjusted ETS date.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter l4 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.

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 000829, with twelve (12) 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 4 October 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 parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above:

Counsel’s Issue :

(2) The issue is rejected. See response to issue (1), below.

Applicant’s Issue :

(1) The issue is rejected. The Board carefully examined the applicant’s record of service during the period of enlistment under review and considered 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. Although the applicant’s misconduct was an isolated offense, it clearly was a departure from acceptable standards of conduct expected of soldiers in the Army. The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. Having examined all the circumstances, the Board determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. Further, the Board determined that the applicant’s family problems, awards and recognition, and post service conduct were not sufficiently mitigating to warrant an upgrade of his discharge. The Board concluded that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

         b. Equity:       The applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.

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 1 4

         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: 2000046703 INDEX NUMBERS: A9217
Date of Review: 001004 A0100
Character of Service: GD A9235
Date of Discharge: 980304 A9307
Authority: AR 635-200 C14 A9221
Reason: A6730
Results of Board Action/
Vote/Affirmation: NC 4-1 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 | 1999029229

Original file (1999029229.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.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE 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: 1999029229 INDEX...
ARMY | DRB | CY2001 | 2001059802

Original file (2001059802.rtf) Auto-classification: Denied

Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. 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:GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material...
ARMY | DRB | CY2003 | 2003090208

Original file (2003090208.rtf) Auto-classification: Approved

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. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to general, under honorable conditions. EXHIBITS: A - Application for review of discharge C - Other B - Material...
ARMY | DRB | CY2001 | 2001053452

Original file (2001053452.rtf) Auto-classification: Denied

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:GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2001053452 INDEX NUMBERS: A9217 Date of Review: 010404...
ARMY | DRB | CY2001 | 2001061037

Original file (2001061037.rtf) Auto-classification: Denied

Evidence of record shows that on 5 January 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—pattern of misconduct, with a general, under honorable conditions discharge. 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 -...
ARMY | DRB | CY2000 | 2000047042

Original file (2000047042.rtf) Auto-classification: Denied

On 20 May 1998, 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.3. 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:WILSON A. SHATZER Colonel, U.S. Army President, Army...
ARMY | DRB | CY2000 | 2000043220

Original file (2000043220.rtf) Auto-classification: Denied

On 26 June 1998, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and concurred with the medical proceedings and requested to be discharged from the Army without delay. A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 000603. The characterization of service for this type of discharge is normally honorable unless the soldier is in an entry-level status (i.e., first 180 days of service).
ARMY | DRB | CY2004 | AR20040003920

Original file (AR20040003920.doc) Auto-classification: Denied

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. On 4 November 1996, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and...
ARMY | DRB | CY2000 | 2000035808

Original file (2000035808.rtf) Auto-classification: Denied

Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. The applicant waived legal counsel and consideration of his case by an administrative separation board, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE...
ARMY | DRB | CY2004 | AR20040002173

Original file (AR20040002173.doc) Auto-classification: Denied

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. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. 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 -...

Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000046703

Similar Decisions