Search Decisions

Decision Text

ARMY | DRB | CY2001 | 2001053050
Original file (2001053050.rtf) Auto-classification: Approved
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): 960628

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

          b. Reason: In Lieu of Trial by Court-Martial
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 32 Weeks ASR
b. Entry date: 941122
c. Age: 17 Years DOB: 770528
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 123 3. Highest grade achieved:
f. Length of Service: E2
1 Year(s) 7 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:

Status Inclusive dates
         AWOL 960514-960516; 960602-960605;

         Mil conf 0

         Civil conf 0

         Other 0


6. Nonjudicial punishment:

         Date     Offense(s)
         960528   AWOL (960513-960517)

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. The evidence of record shows that the applicant was charged with AWOL from (960602-960606), AWOL (960513-960517); without authority left his appointed place of duty (960613) and broke restriction (960602). On 14 June 1996, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter l0, AR 635-200 in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense. Further, the applicant indicated that he understood that he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits. The applicant did not submit a statement in his own behalf. On 25 June 1996, DA, Yongsan Transition Center Unit #15316; APO AP 96205-0089, Seoul, Korea, Orders 177-003 discharged the applicant from the Regular Army, effective date: 28 June 1996. The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant’s signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank.

         b. On 28 June 1996, the applicant was discharged. At the time of discharge, the applicant had completed 1 year, and 7 months, of active military service and accrued 7 days of lost time.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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. The requests may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. Army policy states that although an honorable or general discharge is authorized, a discharge UOHC is normally considered appropriate.
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 010128, with eight (8) enclosure(s) outlining his Personal References, Hospitalization, Psychological Report, Discharge Separation and Medical Records.
          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 28 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:
         ( X )   Additional issue(s) identified during review/hearing as follows:
Board Issue: (8) The discharge was inequitable.

         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.

 (8) The issue is accepted. 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. The Board noted that the applicant was charged with several small periods of AWOL for a total of seven (7) days and for breaking restriction. After consulting with defense counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial. However, after a review of his entire service record, the Board determined that the preponderance of his record attests to faithful and honorable service and that his short periods of AWOL occurred during the last month of his service. The Board also found that his misconduct was mitigated by mental disturbances, which resulted in hospitalization for evaluation and treatment. Further, within a month of leaving the Army, the applicant was diagnosed with undifferentiated schizophrenia, and he has been under continual psychiatric treatment. In light of the foregoing, the Board concluded that the applicant’s discharge was inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of service to fully honorable and to change his narrative reason for discharge to Secretarial Authority.
(1), (2), (3), (4), (5), and (6) See Paragraph 3, below.

 (7) The issue is rejected. This issue should be addressed by the Army Board for Correction of Military Records (ABCMR). A DD Form 149 (i.e., application to the ABCMR) is enclosed for the applicant’s use.

3. Response(s) to item(s) not addressed as decisional issue(s):

Inasmuch as the Board voted to grant the full relief requested, response to the remaining issues is neither required nor rendered.

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                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to Honorable.
         ( X )    Inequitable as to reason. Change reason to Secretarial Authority
                  under Chapter 5, AR 635-200 .
         ( )      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 5 0
Characterization 5 0

         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

 TO: ARBA Support Division-St Louis Date: 30 March 2001

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 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

( X )   Change characterization of discharge to Honorable .
( X )   Change reason and authority for discharge to
        Secretarial Authority, AR 635-200 .
( X )   Other (see remarks below).
Remarks: This action does not entail a change in RE Code .


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: 2001053050 INDEX NUMBERS: A9406
Date of Review: 010328 A9456
Character of Service: UD A1200
Date of Discharge: 960628
Authority: AR 635-200 C10
Reason: A7100
Results of Board Action/
Vote/Affirmation: HD 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 | CY1997 | 199700303

    Original file (199700303.rtf) Auto-classification: Denied

    CASE NO: AD97-00303 PART III - SERVICE HISTORYSECTION A - Period of Service Under Review - Continued 5. 960513: Unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, entry level performance and conduct. CASE NO: AD97-00303 PART IX - VOTING RECORD Name & Rank Reason Characterization CHANGENCHONUHCNCUNCHAR X X X X X X X X X X OSA FORM 172 (REVISED) 1 MAY 94 PAGE 7

  • ARMY | DRB | CY2001 | 2001059099

    Original file (2001059099.rtf) Auto-classification: Denied

    Evidence of record shows that on 20 August 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct-abuse of illegal drugs, with a general, under honorable conditions discharge. 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. EXHIBITS: A - Application for review of discharge C - Other B -...

  • ARMY | DRB | CY1999 | 1999022453

    Original file (1999022453.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE 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: 1999022453 INDEX NUMBERS: A9217 Date of Review: 990317 A9500 Character...

  • ARMY | DRB | CY1999 | 1999025869

    Original file (1999025869.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 981006. 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 AR Number: 1999025869 INDEX NUMBERS: A9217 Date of Review: 990621 A0100 Character of Service:...

  • ARMY | DRB | CY2003 | 2003093481

    Original file (2003093481.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. 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...

  • ARMY | DRB | CY1999 | 1999023697

    Original file (1999023697.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. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999023697 INDEX NUMBERS: A9217 Date of Review: 990414 A0100 Character of Service: GD A9405 Date of Discharge: 960924 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization...

  • ARMY | DRB | CY2000 | 2000048569

    Original file (2000048569.rtf) Auto-classification: Denied

    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 AR Number: 2000048569 INDEX NUMBERS: A9217 Date of Review: 001206...

  • ARMY | DRB | CY2003 | 2003087816

    Original file (2003087816.rtf) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and waived consideration of his case by an administrative separation board contingent on receiving a characterization of service no less favorable than a general. On 17 May 1996, 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 -...

  • ARMY | DRB | CY2003 | 2003093233

    Original file (2003093233.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 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 -...

  • ARMY | DRB | CY2001 | 2001052967

    Original file (2001052967.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 Ms. McKim-Spilker 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 -...