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ARMY | DRB | CY2000 | 2000047836
Original file (2000047836.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): 960710

3. Authority for separation:

         a. Regulation: AR 600-8-24, Chapter 4-2b and Paragraph 4-24A(1)

         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:
                            BSSMDL SWASMDLw/2BSS
a. Period entered for: Indefinite ARCOM(2 nd Awd) KLMDL
b. Entry date: 920917 AAM
c. Age: 23 Years DOB: 690612 GCMDL
d. Educational level: HS Grad NDSM
e. Aptitude area score: AFEM
          GT: 122 3. Highest grade achieved:
f. Length of Service: CW2
3 Year(s) 9 Month(s) 24 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)
         960521   Derelict in the performance of your duties in that you failed to remain above 500 feet above ground level while flying (950929); failed to report your helicopter tree strike (950929); with intent to deceive made an official statement which was false (950929), and wrongfully solicit your crewmembers to accede to your false report (950929)
         ___________________________________
         
         960212   Letter of reprimand for making a precautionary landing which sustained damage in excess of $70.000, to your aircraft and committed several errors in judgement that contributed to the mishap (administrative).
         960522   Letter of reprimand-for making a false report in the flight log (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
NONE

Other discharge(s):

          Service   From      To        Type Discharge
         RA       871230   920916   Honorable



PART IV - PREHEARING REVIEW

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

 a. On 12 April 1996 the applicant’s elimination action was initiated by GOSCA (Commander, 10th Mountain Division, Fort Drum, New York), under the provisions of Chapter 4, Paragraph 4-2b, AR 600-8-24, by reason of misconduct, moral or professional dereliction and issuance of a discharge under other than honorable conditions. Subsequent to the aforementioned elimination action, the record indicates that the applicant submitted a request for resignation in lieu of elimination (request not in file). On 18 June 1996, the appropriate authority approved the recommendation of the Department of the Army Ad Hoc Review Board that the applicant’s resignation in lieu of elimination be accepted and approved in part. The appropriate authority directed that the applicant be discharged from the United States Army with a general, under honorable conditions discharge.
         b. On 10 July 1996, the applicant was discharged under the provisions of
Chapter 4, Paragraphs 4-2b and 4-2a(1), AR 600-8-24, by reason of Unacceptable
Conduct, Separation Program Designator code of “BNC,” with a general, under
honorable conditions discharge. At the time of discharge, the applicant had
3 years, 9 months, and 24 days, service on his current enlistment and 8 years,
6 months and 11 days, total time in service.
2. Legal/Regulatory Basis for Separation Action : Chapter 4, Paragraphs 4-2b and 4-24a(1) 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 in 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 000620, with seven (7) 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 8 November 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), (4), (7), (8), and (9) The issues are rejected. The Board carefully examined the applicant’s record during the period of service 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 Board noted the applicant’s contentions, however, the Board concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed. Further, the Board found that the separating authority considered the applicant’s record of service in accepting his resignation in lieu of elimination and directed he be given a general discharge. Having examined all the circumstances, the Board determined that the applicant's misconduct did indeed adversely affect the quality of his service and was prejudicial to good order and discipline. This misconduct clearly diminished the quality of the applicant's service below that meriting a fully 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.
(5) and (6) The issues are rejected. While the Board empathizes with the applicant’s current situation, it was unable to reconcile the applicant’s misconduct while in the service with a diagnosis of post-traumatic stress disorder more than 3 years subsequent to his discharge.
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: 2000047836 INDEX NUMBERS: A9217
Date of Review: 001108 A9235
Character of Service: GD A9323
Date of Discharge: 960710 A9219
Authority: AR 600-8-24 C4 A9207
Reason: A8000 A9203
Results of Board Action/ A0100
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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