Search Decisions

Decision Text

ARMY | DRB | CY2001 | 2001052181
Original file (2001052181.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

2. Date of discharge (or REFRAD): 980121

3. Authority for separation:

         a. Regulation: Chapter 7, AR 135-178

          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:
                            AAM/w1OLC
a. Period entered for: 6 Years SWASMDL/w3BSS
b. Entry date: 911207
c. Age: 43 Years DOB: 480723
d. Educational level: NIF
e. Aptitude area score:
          GT: 97 3. Highest grade achieved:
f. Length of Service: E8
6 Year(s) 1 Month(s) 15 Day(s)

4. Performance evaluations:
See OMPF

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)
         971006   Disrespectful toward a MAJ (970608).

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


Other discharge(s):

          Service   From      To        Type Discharge
         USAR     910102   970518   NA
         ADT      970519   970531   NA
         USAR     970601   970608   NA
         ADT      970609   970613   NA

         (Continued service)



PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 2 November 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, AR 135-178, by reason of misconduct, with an under other than honorable conditions discharge. He was advised of his rights. On 9 January 1998, the unit commander stated that after a personal counseling session, he gave the applicant the letter of notification, memorandum of election of options and a conditional waiver request on 2 November 1997, and the applicant refused to sign the acknowledgement statement on the memorandum of notification. The unit commander subsequently recommended separation from the service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 21 January 1998, DA, HQ, 143D Transportation Command, 2800 Dowden Road, Orlando FL., Orders A-021-1 discharged the applicant from the United States Army Reserve with a general discharge.

         b. On 21 January 1998, the applicant was discharged. At the time of discharge, the applicant had 6 years, 1 month, and 15 days, service on his current enlistment under review.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 135-178 provides the procedures and policies concerning enlisted personnel management and separations of the enlisted members of the Army Reserve.


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 010130, with nine (9) 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:
          ( ) Records review ( X ) Hearing
         b. Type Held:
         ( )Records review ( X ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Atlanta, Georgia on 28 February 2001 .

         d. Appearance by:
         Applicant ( X ) Yes ( ) No
         Counsel ( ) Yes ( X ) No

          e. Applicant testified: ( X ) Yes ( ) 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: (3) The characterization of service was too harsh.

         b. Request: ( X ) Recharacterization ( X ) 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.

 (3) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review and heard his testimony. 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 found that the length and quality of the applicant’s service mitigated his misconduct. In view of the foregoing, the Board determined that the characterization of service was inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable, and voted not to change it.
(1) and (2) See response to issue (3), above.

 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                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to Honorable .
         ( )      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 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: 9 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 .

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: 2001052181 INDEX NUMBERS: A9406
Date of Review: 010228 A9218
Character of Service: GD A9236
Date of Discharge: 980121 A9500
Authority: AR 135-178 C7
Reason: A6700
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 | CY1998 | 1998013766

    Original file (1998013766.rtf) Auto-classification: Approved

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. The regulation also permitted the characterization of service as under honorable conditions, but did not authorize the characterization of service as honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.

  • ARMY | DRB | CY1999 | 1999024442

    Original file (1999024442.rtf) Auto-classification: Denied

    Accordingly, 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 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 EXHIBITS: A -...

  • ARMY | DRB | CY2001 | 2001058792

    Original file (2001058792.rtf) Auto-classification: Denied

    The evidence of record available to the Board shows that the applicant was discharged from the Army National Guard under the provisions of Chapter 13, AR 135-178 & paragraph 1-26k, by reason of unsatisfactory participation with a character 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 -...

  • ARMY | DRB | CY2000 | 2000043287

    Original file (2000043287.rtf) Auto-classification: Approved

    Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable. However, the Board found that the reason for discharge was proper and equitable and voted not to change it. AR Number: 2000043287 INDEX NUMBERS: A9218 Date of Review: 000726 A0100 Character of Service: EL A9321 Date of Discharge: 990205 Authority: AR 135-178 C6 Reason: A4900 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1999 | 99032326

    Original file (99032326.rtf) Auto-classification: Approved

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990925. The evidence of record indicates that the applicant was discharged under the provisions of Chapter 11, AR 135-178, by reason of expiration of term of service with an uncharacterized discharge.

  • ARMY | DRB | CY1999 | 1999025023

    Original file (1999025023.rtf) Auto-classification: Approved

    The Board determined that the reason for discharge was proper and equitable and voted not to change it. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999025023 INDEX NUMBERS: A9218 Date of Review: 990428 A9236 Character of Service: GD A9412 Date of Discharge: 960419 A0100 Authority: AR 135-178 C7 Reason: A6730 Results of Board Action/ Vote/Affirmation: HD 3-2 A PART IX - VOTING RECORDName Reason Characterization...

  • ARMY | DRB | CY2004 | AR20040001271

    Original file (AR20040001271.doc) Auto-classification: Denied

    Service data: 2. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. 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: ROBERT L. HOUSE Colonel, U.S. Army President, Army...

  • ARMY | DRB | CY2001 | 2001056302

    Original file (2001056302.rtf) Auto-classification: Approved

    His DD Form 214 indicates that he was released from active duty under the provisions of Chapter 13, AR 635-200 by reason of unsatisfactory performance, with a characterization of service of honorable. The Board determined that the contentions raised by the applicant in this issue, beyond that addressed by issue (2) above, do not fall within the purview of the Army Discharge Review Board and should be addressed by the Army Board for Correction of Military Records (ABCMR). AR Number:...

  • ARMY | DRB | CY2001 | 2001056391

    Original file (2001056391.rtf) Auto-classification: Denied

    On 21 March 1995, the applicant was discharged. However, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted. AR Number: 2001056391 INDEX NUMBERS: A9217 Date of Review: 010809 A9221 Character of Service: EL A0113 Date of Discharge: 950321 Authority: AR 135-178 C5 Reason: A2900 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2004 | AR2004105392

    Original file (AR2004105392.doc) Auto-classification: Denied

    The Board noted that the applicant’s record contains a properly constituted discharge order indicating that he was discharged from the Army Reserve under the provisions of AR 135-178, with a general, under honorable conditions discharge. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed...