Upgrade.Vet

ARMY | DRB | CY2001 | 2001052300

Original file (2001052300.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): 910808

3. Authority for separation:

         a. Regulation: Chapter 16, AR 635-200

         b. Reason: Locally Imposed Bar to Reenlistment

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 SWASMDLw/2BSS
b. Entry date: 880909 ASR
c. Age: 19 Years DOB: 690502
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 97 3. Highest grade achieved:
f. Length of Service: E3
2 Year(s) 11 Month(s) 0 Day(s)

4. Performance evaluations:
NONE

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)
         901222   Willfully disobeyed a lawful order from a SSG (901201); disrespectful in language toward a SSG and a CPL, two specifications (901201).
         910219   Unlawfully struck a PFC (910210); (summarized).

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 7 June 1991, the unit commander recommended that the applicant be barred from reenlistment in the US Army. On 13 June 1991, the applicant reviewed and acknowledged receiving a copy of the unit commander’s recommendation and declined to submit a statement in his own behalf. On 14 June 1991, the approving authority approved the bar to reenlistment and directed that the applicant be advised that should he feel he will be unable to overcome the bar to reenlistment he may request immediate discharge under the provisions of Chapter l6, AR 635-200. On 12 July 1991, the applicant requested discharge under the provisions of Chapter 16, AR 635-200 locally imposed bar to reenlistment. The unit commander recommended approval. The separation authority directed that the applicant be separated with an honorable discharge and transferred to the Individual Ready Reserve (IRR).

         b. On 8 August 1991, the applicant was released from active duty. At the time of release, the applicant had completed 2 years, and 11 months, of active military service.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 16 covers discharges caused by changes in service obligations. Paragraph 16-5 applies to personnel denied reenlistment and provides that soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge. Incident to the request the member must state that he understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted. Army policy states that the service of personnel separated under this paragraph will be characterized as honorable.

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 001212, with one (1) 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 21 March 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 for the period of enlistment under review. The evidence of record shows that on 14 June 1991 the applicant was barred from reenlistment for several incidents of misconduct. The applicant, having determined that he was unable to overcome the local bar to reenlistment, requested immediate separation under the provisions of Chapter 16, AR 635-200, by reason of a locally imposed bar to reenlistment. The applicant authenticated a request for separation with his signature in which he indicated that he understood that once separated, he would not be permitted to reenlist and would be ineligible for further service. The applicant’s request for separation was subsequently approved and the applicant was honorably discharged. The Board found the reason for discharge to be both proper and equitable and 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


MR. RIVERA
Case Reviewing Official

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

GERARD W. SCHWARTZ
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: 2001052300 INDEX NUMBERS: A9217
Date of Review: 010321 A9201
Character of Service: HD A0100
Date of Discharge: 910808
Authority: AR 635-200 C16
Reason: A0720
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 | CY2000 | 2000037576

Original file (2000037576.rtf) Auto-classification: Approved

A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 000210. Additionally, AR 635-200, currently in effect, lists the narrative reason for the applicant’s discharge as “Misconduct.” Accordingly, the Board voted to change the narrative reason for separation on the applicant’s DD Form 214 to “Misconduct.” (1) The issue is rejected. AR Number: 2000037576 INDEX NUMBERS: A9442 Date of Review: 000322 A0100 Character of Service: GD A9445 Date of Discharge:...
ARMY | DRB | CY2001 | 2001053166

Original file (2001053166.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 MR. RIVERA 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...
ARMY | DRB | CY2003 | AR2003098589

Original file (AR2003098589.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. The separation authority directed that the applicant be discharged with a characterization of service of honorable. 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 -...
ARMY | DRB | CY1999 | 1999016080

Original file (1999016080.rtf) Auto-classification: Approved

The Board determined that the reason for discharge was proper and equitable and voted not to change it. This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process. SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board
ARMY | DRB | CY2000 | 2000039835

Original file (2000039835.rtf) Auto-classification: Approved

This document identifies the reason and characterization of the discharge as under the provisions of Chapter 16, AR 635-200, locally imposed bar to reenlistment, with an honorable discharge. Accordingly, the Board voted to change the narrative reason for separation for the period under review to secretarial authority. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY2001 | 2001053163

Original file (2001053163.rtf) 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. AR Number:...
ARMY | DRB | CY2004 | AR2004102898

Original file (AR2004102898.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. 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. SECTION B -...
ARMY | DRB | CY1998 | 1998014452

Original file (1998014452.rtf) Auto-classification: Denied

Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. Response(s) to item(s) not addressed as decisional issue(s): The Board noted the applicant’s personal statement submitted with his application; however, changing his reenlistment eligibility (RE) code is not within the purview of the Army Discharge Review Board. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY2004 | AR2004100694

Original file (AR2004100694.doc) Auto-classification: Approved

Change characterization to Honorable. 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 TO: ARBA Support Division-St Louis Date: 28 May 2004 The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section...
ARMY | DRB | CY2001 | 2001052698

Original file (2001052698.rtf) Auto-classification: Denied

Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. On 26 May 1994, the applicant was discharged. 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:GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board

Search Decisions

Decision Text

ARMY | DRB | CY2001 | 2001052300

Similar Decisions