Search Decisions

Decision Text

ARMY | DRB | CY2001 | 2001054024
Original file (2001054024.rtf) Auto-classification: Approved
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): 920518

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct-Abuse of Illegal Drugs
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 SWASMDL/w1BSS
b. Entry date: 891227 KLMDL
c. Age: 26 Years DOB: 631204 ASR
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 93 3. Highest grade achieved:
f. Length of Service: E4
2 Year(s) 4 Month(s) 22 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)
         920331   Wrongfully used marijuana between (920202 and 920302).

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 an approved Bar to Reenlistment in file, dated (920413).


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 the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of a serious offense, with a general discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions. The applicant 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 6 May 1992, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general.

         b. On 18 May 1992, the applicant was discharged. At the time of discharge, the applicant had completed 2 years, 4 months, and 22 days of active military service.

         c. The unit commander indicated that the specific reason for initiating the applicant’s discharge was his one time positive test for marijuana. The record contains no evidence of any attempts by command to rehabilitate the applicant.

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 010220, 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 11 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:
         ( X )   Additional issue(s) identified during review/hearing as follows:
Board Issues: (2) The characterization of service is too harsh.
(3) The narrative reason for separation is 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.

 (2) The issue is accepted. There was a full consideration of all service including the infraction of discipline, the extent thereof, and the seriousness of the offense. The Board determined that the characterization of service was inequitable because the applicant's generally acceptable personal conduct and performance of duty mitigated the discrediting entry in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable.

(3) The issue is accepted. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the Board voted to change the narrative reason on the DD Form 214 to misconduct.

(1) See Paragraph 3, below.

 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 issue 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 Misconduct
                  under Chapter 14, 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       

                                 
MR. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 13 April 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
        Misconduct, AR 635-200.
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: 2001054024 INDEX NUMBERS: A9406
Date of Review: 010411 A9218
Character of Service: GD A9442
Date of Discharge: 920518 A0100
Authority: AR 635-200 C14
Reason: A6730
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 | CY1999 | 1999022600

    Original file (1999022600.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:THOMAS J. ALLEN 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: 1999022600 INDEX NUMBERS: A9217 Date of Review: 990317...

  • ARMY | DRB | CY2000 | 2000051031

    Original file (2000051031.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 AR Number: 2000051031 INDEX NUMBERS: A9217 Date of Review: 010207...

  • ARMY | DRB | CY2000 | 2000035876

    Original file (2000035876.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. 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 -...

  • ARMY | DRB | CY1997 | 199700513

    Original file (199700513.rtf) Auto-classification: Denied

    Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity: ( ) Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to under .2. CASE NO: AD97-00513 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR X X X X X X X X X X

  • ARMY | DRB | CY1999 | 1999033637

    Original file (1999033637.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. 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:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR Number: 1999033637...

  • ARMY | DRB | CY2003 | 2003091974

    Original file (2003091974.rtf) Auto-classification: Denied

    Chapter 10 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 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, being...

  • ARMY | DRB | CY2003 | 2003084473

    Original file (2003084473.rtf) Auto-classification: Approved

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. Evidence of record shows that on 30 October 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance, with a general, under honorable conditions discharge. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1999 | 1999021813

    Original file (1999021813.rtf) Auto-classification: Denied

    Applicant a signed DD Form 214, indicating the following facts: character of service is "Under Honorable Conditions (General)"; separation authority is "AR 635-200, Paragraph 14-12c" (i.e., Commission of a Serious Offense); and the narrative reason for separation is "Misconduct."b. 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...

  • ARMY | DRB | CY1999 | 1999027750

    Original file (1999027750.rtf) Auto-classification: Denied

    His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200 by reason of misconduct with a characterization of service of under other than honorable conditions (UOHC). On 2 April 1997, the applicant was discharged under the provisions of Chapter 14, AR 635-200 by reason of misconduct with a UOHC discharge. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2002 | 2002078201

    Original file (2002078201.TXT) Auto-classification: Denied

    The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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 Official PART VIII -...