Search Decisions

Decision Text

ARMY | DRB | CY2001 | 2001057653
Original file (2001057653.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): 010309

3. Authority for separation:

         a. Regulation: Chapter 4, AR 635-40

          b. Reason: Disability, Severance Pay
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            GCMDL
a. Period entered for: 3 Years NDSM
b. Entry date: 980630 ASR
c. Age: 21 Years DOB: 761013
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 95 3. Highest grade achieved:
f. Length of Service: E4
2 Year(s) 8 Month(s) 10 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: NONE
         Date     Offense(s)
        


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
         RA       950215   970413   Honorable
         RA       970414   980629   Honorable



PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 31 January 2001, Orders 031-0007, DA, US Army Transportation Center, Fort Eustis, VA, discharged the applicant from the Regular Army, effective 9 March 2001. 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. Her DD Form 214 indicates that she was discharged under the provisions of Chapter 4, AR 635-40, by reason of disability, severance pay with a characterization of service of honorable. The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.

         b. On 9 March 2001, the applicant was discharged. At the time of discharge the applicant had completed 2 years, 8 months, and 10 days of active military service in the period under review and had a total of 6 years and 25 days of active military service.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of a physical disability. Chapter 4, provides for the separation of enlisted soldiers found to be unfit by a Physical Evaluation Board (PEB) due to a condition which occurred in line of duty and not due do to the soldier’s misconduct. Paragraph 4-24b(3) provides that soldiers not having sufficient time in service for retirement would be separated by reason of disability with severance pay. The characterization of service for soldiers separated under the provisions of Chapter 4, AR 635-40 will normally be honorable unless the soldier is in an entry-level status. The service of soldiers in an entry-level status will be uncharacterized. A soldier is in an entry-level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.
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 010426.
         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 15 August 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: ( ) 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.

 (1) The issue is rejected. The Board carefully examined the applicant’s record of service during the period of enlistment under review. The applicant’s record is void of facts and circumstances concerning events that led to a discharge from the Army. The Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant. This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process. The applicant’s issue regarding a medical discharge with a military ID card does not fall within the purview of the Army Discharge Review Board. The applicant should address this issue to 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. The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, 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       

                                 
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: 2001057653 INDEX NUMBERS: A0113
Date of Review: 010815 A9445
Character of Service: HD
Date of Discharge: 010309
Authority: AR 635-40 C4
Reason: A3100
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 | CY2004 | AR2004103386

    Original file (AR2004103386.doc) Auto-classification: Denied

    On 14 February 2001, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. 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 | CY2001 | 2001060181

    Original file (2001060181.rtf) Auto-classification: Approved

    His DD Form indicates that he was discharged from Regular Army under the provisions of Chapter 14, AR 635-200 by reason of misconduct-abuse of illegal drugs with a characterization of service of general, under honorable conditions. Voting record: ChangeNo 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. ( X ) Change reason and authority for discharge to...

  • ARMY | DRB | CY2002 | 2002066561

    Original file (2002066561.TXT) Auto-classification: Denied

    On 12 July 2001, the separation authority waived further rehabilitative efforts and 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. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

  • ARMY | DRB | CY2003 | AR2003097131

    Original file (AR2003097131.doc) Auto-classification: Denied

    On 14 May 2001, the applicant was discharged. 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 MR. RON WILLIAMS Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel,...

  • ARMY | DRB | CY2003 | AR2003095610

    Original file (AR2003095610.doc) Auto-classification: Denied

    Evidence of record shows that on 27 March 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—patterns of misconduct, 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification...

  • ARMY | DRB | CY2003 | AR2003093620

    Original file (AR2003093620.doc) Auto-classification: Denied

    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. His DD Form 214 indicates that he was discharged under the provisions of Chapter 5, AR 635-40 by reason of disability, existed prior to service-medical board, with service uncharacterized. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and...

  • ARMY | DRB | CY2003 | 2003083561

    Original file (2003083561.rtf) Auto-classification: Denied

    Evidence of record shows that on 22 June 2001, 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 an under other than honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board and did not submit a statement in his own behalf. ...

  • ARMY | DRB | CY2004 | AR20040001373

    Original file (AR20040001373.doc) 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS Case...

  • ARMY | DRB | CY2003 | AR2003092079

    Original file (AR2003092079.doc) Auto-classification: Denied

    SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 920923 990912 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and...

  • ARMY | DRB | CY2001 | 2001054291

    Original file (2001054291.rtf) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board and submitted a statement in his own behalf. ( X ) Change reason and authority for discharge to Misconduct, AR 635-200. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant