Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000050202
Original file (2000050202.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

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

1. Character of Discharge: Under Other Than Honorable Conditions

2. Date of discharge (or REFRAD): 940531

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:
                            NDSM
a. Period entered for: 4 Years ASR
b. Entry date: 901108 OSR(1)
c. Age: 19 Years DOB: 711103
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 95 3. Highest grade achieved:
f. Length of Service: E2
1 Year(s) 6 Month(s) 6 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 920514-920813;

         Mil conf 0

         Civil conf 920814-940531;

         Other 0


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
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 8 October 1993, the applicant was found guilty in the Superior Court of New Jersey, Cape May Court House of 2nd degree sexual assault/physical coercion. He was sentenced to 5 years in the New Jersey State Prison. On 17 November 1993, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—conviction by civil authorities, with an under other than honorable conditions discharge. He was advised of his rights. The applicant refused to sign his election of rights and was given thirty days to return the document but did not do so. The unit commander subsequently recommended separation from the service, and waiver of further rehabilitative efforts. The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an under other than honorable conditions discharge.

         b. On 31 May 1994, the applicant was discharged. At the time of discharge, the applicant had 1 year, 6 months, and 6 days service on his current enlistment under review and 749 days lost time due to AWOL and civilian confinement.
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 001127.
         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 31 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 evidence of record shows that while in AWOL status, the applicant was arrested and detained by civilian authorities. He was later convicted of 2d degree sexual assault with physical coercion and sentenced to 5 years in the New Jersey State Prison. After conviction by a civilian court, retention is normally only considered in exceptionally meritorious cases when clearly in the best interests of the Army. Because of the civilian conviction, the applicant diminished the quality of service below that meriting a fully honorable or general discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance. The Board, being convinced that the reason for discharge and the characterization of service were 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: 2000050202 INDEX NUMBERS: A9227
Date of Review: 010131 A9217
Character of Service: UD A9319
Date of Discharge: 940531 A0100
Authority: AR 635-200 C14
Reason: A6100
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 | CY2003 | AR2003093199

    Original file (AR2003093199.doc) Auto-classification: Denied

    Remarks: Time in service on the applicant’s DD Form 214 is incorrect and should read “4 months and 21 days.” 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. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B -...

  • ARMY | DRB | CY2003 | 2003085902

    Original file (2003085902.rtf) 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. 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:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A -...

  • ARMY | DRB | CY2004 | AR20040000287

    Original file (AR20040000287.doc) Auto-classification: Approved

    On 12 November 1998, the State of New Jersey, Department of Military and Veterans Affairs, Trenton, New Jersey, Orders 316-003, discharged the applicant from the Army National Guard and as a reserve of the Army, effective 26 November 1997, with an uncharacterized discharge. Remarks: The Board directs that the applicant’s discharge order from the Reserve of the Army be changed to reflect a characterization of service of general, under honorable conditions. SECTION B - CERTIFICATION Approval...

  • ARMY | DRB | CY2000 | 2000046023

    Original file (2000046023.rtf) Auto-classification: Denied

    The Board carefully reviewed the applicant’s record of service during the period of enlistment under review. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000046023 INDEX NUMBERS: A9217 Date of Review: 000920 A0100 Character of Service: GD A9235 Date of Discharge: 940622 Authority: AR 635-200 C14 Reason: A6700 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2003 | AR2003099355

    Original file (AR2003099355.doc) Auto-classification: Approved

    The Board noted that prior to the period of service under review the applicant had completed over 17 years honorable military service. The evidence of record shows that the applicant was separated under the provisions of Paragraph 8-26k, NGR (AR) 600-200, by reason of unsatisfactory participant with a characterization of service of general, under honorable conditions in the rank of Specialist E4. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President,...

  • ARMY | DRB | CY2004 | AR2004103025

    Original file (AR2004103025.doc) 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. Minority...

  • ARMY | DRB | CY2003 | AR2003098586

    Original file (AR2003098586.doc) Auto-classification: Denied

    The evidence of record shows the applicant was discharged under the provisions of Chapter 8, Paragraph 8- 27g, NGR 600-200, by reason of unsatisfactory participation with a characterization of service of general, under honorable conditions and a reentry eligibility (RE) code of “3.” In the absence of information to the contrary, the Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. ...

  • ARMY | BCMR | CY2002 | 2002069460C070402

    Original file (2002069460C070402.rtf) Auto-classification: Denied

    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:SPURGEON A. MOORE 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: 2002069460 INDEX NUMBERS: A9235 Date of Review: 020508...

  • ARMY | DRB | CY2004 | AR20040009022

    Original file (AR20040009022.doc) Auto-classification: Approved

    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. On 23 May 1996, the applicant was discharged. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW Lieutenant Colonel, U.S. Army Chief, Secretary Recorder EXHIBITS: A - Application for review of discharge C -...

  • ARMY | DRB | CY2000 | 2000039013

    Original file (2000039013.rtf) Auto-classification: Denied

    This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process. 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, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3.