Upgrade.Vet

ARMY | DRB | CY2001 | 2001052747

Original file (2001052747.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): 000628

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:
                           ASR
a. Period entered for: 4 Years
b. Entry date: 981221
c. Age: 23 Years DOB: 750319
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 85 3. Highest grade achieved:
f. Length of Service: E4
1 Year(s) 6 Month(s) 3 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 991223-991227;

         Mil conf 0

         Civil conf 0

         Other 0

6. Nonjudicial punishment:

         Date     Offense(s)
         980205   Disobeyed a lawful order from a SSG (971028); disrespectful in language toward a SSG (971028); and failed to go to your appointed place of duty, five specifications; (971014); (970913); (970617); (970128); (970124). Damaged military property of a value of about $100.00 (970922); dereliction of duty (970922) and stole a bottle of cologne from the AAFES, (971204).
         990216   Failed to go to your appointed place of duty between (990108 and 9901100; (summarized).
         000310   AWOL (991223-991228); and unlawfully altered a public record (991222).


7. Court-Martial data: NONE

         a. SCM:
                  Date Offense(s)


         b. SPCM:
                  Date Offense(s)

         c. GCM:
                  Date Offense(s)

8.       Remarks: The applicant has a Military Police Multiple Offenders Listing in file, dated (980109).

SECTION B - Prior Service Data

Other discharge(s):

         Service From      To        Type Discharge
         RA       960201   981220   Honorable

PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 21 June 2000, 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 discharge. He was advised of his rights. The applicant waived 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 discharge. On 23 June 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general discharge.

         b. On 28 June 2000, the applicant was discharged. At the time of discharge, the applicant had completed 1 year, 6 months, and 3 days of active military service and accrued 5 days of lost time in the period under review and had a total of 4 years, 4 months, and 23 days 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 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 010127, 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 4 April 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), (2), (3), (4), (5), (7), (8), (9), (10), (11), (12), (13), and (14) The issues are rejected. The Board carefully examined the applicant’s record of service during the period of enlistment 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. Notwithstanding the applicant’s contentions, the Board found sufficient misconduct and substandard performance to warrant the separation action under review. 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. The applicant's discharge was appropriate because the quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. The applicant provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that the applicant’s service mitigated the misconduct. Before initiating action to separate the applicant, the command ensured the applicant was appropriately counseled about the deficiencies that could lead to separation. The Board noted that the command made an assessment thereafter of the applicant's potential for becoming a fully satisfactory soldier, and the command appropriately determined the applicant did not demonstrate the potential for further military service. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable.

(6) The issue is rejected. The Army Discharge Review Board congratulates the applicant on his successful transition to civilian life. However, he has not submitted any evidence for Board consideration in support of his contention that he has been a good citizen since leaving service.

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:

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: 2001052747 INDEX NUMBERS: A9217
Date of Review: 010404 A9235
Character of Service: GD A0100
Date of Discharge: 000628
Authority: AR 635-200 C14
Reason: A6750
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 | 2000042157

Original file (2000042157.rtf) Auto-classification: Denied

On 11 May 1999, 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 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...
ARMY | DRB | CY2000 | 2000050535

Original file (2000050535.rtf) Auto-classification: Denied

The evidence of record shows that the applicant was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct with a characterization of service of general, under honorable conditions. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY2003 | 2003090827

Original file (2003090827.rtf) Auto-classification: Denied

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: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: 2003090827 INDEX NUMBERS: A9217 Date of Review: 031203...
ARMY | DRB | CY2001 | 2001056699

Original file (2001056699.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. The Board,...
ARMY | DRB | CY2000 | 2000035272

Original file (2000035272.rtf) Auto-classification: Denied

On 31 January 1997, the applicant was discharged. 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:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR Number: 2000035272 INDEX NUMBERS: A9217 Date of Review: 000202 A0100 Character of Service: GD A9500 Date of Discharge:...
ARMY | DRB | CY2003 | AR2003094078

Original file (AR2003094078.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. 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 - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing...
ARMY | DRB | CY2000 | 2000042670

Original file (2000042670.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 Ms. McKim-Spilker 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...
ARMY | DRB | CY1999 | 1999022351

Original file (1999022351.rtf) Auto-classification: Denied

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. AR Number: 1999022351 INDEX NUMBERS: A9217 Date of Review: 990331 A9219 Character of Service: UD A9201 Date of Discharge: 980610 A0100 Authority:...
ARMY | DRB | CY2000 | 2000042729

Original file (2000042729.rtf) Auto-classification: Denied

On 28 October 1994, the applicant was discharged. 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: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
ARMY | DRB | CY2000 | 2000035038

Original file (2000035038.txt) 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. However, in review of the applicants entire service record, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Case Reviewing Official PART VIII -...

Search Decisions

Decision Text

ARMY | DRB | CY2001 | 2001052747

Similar Decisions