Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000048666
Original file (2000048666.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): 990811

3. Authority for separation:

         a. Regulation: AR 135-178

          b. Reason: NIF
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ARCAMDL (5thAwd)
a. Period entered for: 6 Years NDSM
b. Entry date: 950625 AFRMDL
c. Age: 48 Years DOB: 470312 NCOPDR
d. Educational level: HS Grad ASR
e. Aptitude area score:
          GT: 94 3. Highest grade achieved:
f. Length of Service: E8
4 Year(s) 1 Month(s) 17 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: 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
         RA       741217   761206   Honorable
         USAR     761207   831119   Honorable
         USAR     831120   890818   Honorable
         USAR     890819   950624   Honorable
                           (Continued Service)


PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 11 August 1999, the Department of the Army, Headquarters; 91st Division (Exercise) Building 602, Murray Circle, Fort Baker, CA; Orders M-223-5 discharged the applicant from the US Army Reserve. The applicant was discharged under the provisions of AR 135-178 with a general, under honorable conditions discharge effective 11 August 1999. The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.

         b. On 11 August 1999, the applicant was discharged. At the time of discharge, the applicant had 4 years, 1 month, and 17 days, service on his current enlistment and 24 years, 7 months and 25 days, total time in service.

2. Legal/Regulatory Basis for Separation Action : National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 provide the procedures and policies concerning enlisted personnel management and separations of the Army National Guard and Reserve of the Army personnel.


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 001016, 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 10 January 2001 .

         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) The issue is rejected. The Board carefully examined the applicant’s record of service during the period of enlistment under review. The applicant’s record is void of the specific facts and circumstances concerning events that led to a discharge from the Army Reserve. The Board noted that the applicant’s record contains a Department of the Army, Fort Baker, CA, order, dated 11 August 1999, discharging him from the Army Reserve under the provisions of AR 135-178 with a general, under honorable conditions discharge. This document identifies the characterization of the discharge and, in the absence of any evidence to the contrary, the Board presumed government regularity in the discharge process. The applicant’s issue regarding transfer to the Retired Reserve does not fall within the purview of the Army Discharge Review Board. The USAR Personnel Center, St. Louis, Missouri, is responsible for administering Army Reserve retirements and the applicant should make this inquiry through that office. A DD Form 108 (Application for Retired Pay Benefits) has been included for the applicant’s use in determining his retirement status. The Board, being convinced that the reason for discharge and the characterization of service were 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: 2000048666 INDEX NUMBERS: A9217
Date of Review: 010110 A9235
Character of Service: GD A0100
Date of Discharge: 990811
Authority: AR 135-178
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 | CY2001 | 2001057893

    Original file (2001057893.rtf) Auto-classification: Approved

    On 7 June 1999, 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. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1999 | 1999024442

    Original file (1999024442.rtf) Auto-classification: Denied

    Accordingly, 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 EXHIBITS: A -...

  • ARMY | DRB | CY1998 | 1998013766

    Original file (1998013766.rtf) Auto-classification: Approved

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. The regulation also permitted the characterization of service as under honorable conditions, but did not authorize the characterization of service as honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.

  • ARMY | DRB | CY1999 | 1999025023

    Original file (1999025023.rtf) Auto-classification: Approved

    The Board determined that the reason for discharge was proper and equitable and voted not to change it. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999025023 INDEX NUMBERS: A9218 Date of Review: 990428 A9236 Character of Service: GD A9412 Date of Discharge: 960419 A0100 Authority: AR 135-178 C7 Reason: A6730 Results of Board Action/ Vote/Affirmation: HD 3-2 A PART IX - VOTING RECORDName Reason Characterization...

  • ARMY | DRB | CY2004 | AR2004105392

    Original file (AR2004105392.doc) Auto-classification: Denied

    The Board noted that the applicant’s record contains a properly constituted discharge order indicating that he was discharged from the Army Reserve under the provisions of AR 135-178, with a general, under honorable conditions discharge. 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...

  • ARMY | DRB | CY2000 | 2000043287

    Original file (2000043287.rtf) Auto-classification: Approved

    Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable. However, the Board found that the reason for discharge was proper and equitable and voted not to change it. AR Number: 2000043287 INDEX NUMBERS: A9218 Date of Review: 000726 A0100 Character of Service: EL A9321 Date of Discharge: 990205 Authority: AR 135-178 C6 Reason: A4900 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2000 | 2000044950

    Original file (2000044950.rtf) Auto-classification: Denied

    The Board noted that the applicant’s record contains a separation order from the Reserve of the Army discharging him under the provisions of Army regulation 135-178 with an uncharacterized discharge. The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, voted to deny relief.3. AR Number: 2000044950 INDEX NUMBERS: A9217 Date of Review: 000927 A0100 Character of Service: EL A9445 Date of Discharge: 970828 Authority: AR...

  • 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 | 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 | CY2000 | 2000047359

    Original file (2000047359.rtf) Auto-classification: Denied

    The Board may only change the characterization or reason for discharge. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant