Upgrade.Vet

ARMY | DRB | CY2001 | 2001058296

Original file (2001058296.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): 900308

3. Authority for separation:

         a. Regulation: Chapter 9, AR 635-200

         b. Reason: Alcohol Abuse-Rehabilitation Failure

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: 6 Years NCOPDR
b. Entry date: 870529 OSR
c. Age: 22 Years DOB: 650214
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 94 3. Highest grade achieved:
f. Length of Service: E4
2 Year(s) 9 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:

         Date     Offense(s)
         890424   Absent from appointed place of duty (890417) and (890421)(summarized).
         891215   Break said restriction (891208).
         900213   Assault SPC and civilian two specifications (900204) and (900204); Drunk and disorderly (900204); Wrongfully used provoking words, towards Military Police (900204).

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 two Military Police Reports in file dated
                  (890809) and (900204). Applicant has two Alcoholic Influence
                  Reports dated (890726) and (900204).

SECTION B - Prior Service Data

Other discharge(s):

         Service From      To        Type Discharge
         RA       841115   870528   Honorable

PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 24 January 1990, ADAPCP Clinical Director declared applicant a rehabilitation failure. On 21 February 1990, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol abuse-rehabilitation failure, with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and waived a hearing by a board of officers, 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. On 22 February 1990, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.

         b. On 8 March 1990, the applicant was discharged. At the time of discharge, the applicant had completed 2 years, 9 months, and 10 days of active military service and had a total of 5 years, 3 months, and 24 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 9 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to ADAPCP for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.

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 010518.
         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 1 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: ( 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) The issue is 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 infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board determined that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By his misconduct and poor duty performance, the applicant diminished the quality of service below that meriting a fully honorable discharge. 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 or poor duty performance. The Board commends the applicant on his successful transition to civilian life and his rehabilitative efforts. However, the Board did not find said accomplishment sufficiently mitigating to warrant an upgrade of the discharge under review. The Board, being convinced that the reason for discharge and the characterization of service were both 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


MR. RIVERA
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: 2001058296 INDEX NUMBERS: A9217
Date of Review: 010801 A9201
Character of Service: GD A0113
Date of Discharge: 900308
Authority: AR 635-200 C9
Reason: A6900
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 | 2000045926

Original file (2000045926.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: 2000045926 INDEX NUMBERS: A9217 Date of Review: 001016...
ARMY | DRB | CY1999 | 99032246

Original file (99032246.rtf) Auto-classification: Approved

Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. 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
ARMY | DRB | CY2000 | 2000037351

Original file (2000037351.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-commission of a serious offense with a characterization of service of under other than honorable conditions. On 8 March 1990, the applicant was discharged. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct – commission of a serious offense with a characterization of...
ARMY | DRB | CY2003 | 2003092935

Original file (2003092935.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 MR. RIVERA 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...
ARMY | DRB | CY1997 | 199700533

Original file (199700533.rtf) Auto-classification: Denied

Type of discharge (or characterization of service): GD 2. The record reflects the applicant reenlisted in890322 and was separated 900713 and it was for this period of service that the applicant received a general under honorable conditions characterization of service. The Board reviewed the applicant’ records for this period.
ARMY | DRB | CY2000 | 2000037309

Original file (2000037309.rtf) Auto-classification: Approved

Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. 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. ( X ) Change reason and authority for discharge to Misconduct, AR 635-200.
ARMY | DRB | CY1999 | 1999022206

Original file (1999022206.rtf) Auto-classification: Approved

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 entries in his service record. ( X ) Change the characterization of the discharge to Honorable.SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR Number: 1999022206 INDEX NUMBERS: A9218 Date of Review: 990317 A9202 Character of Service:...
ARMY | DRB | CY2001 | 2001059795

Original file (2001059795.rtf) Auto-classification: Denied

On 23 August 1990, the separation authority directed that the applicant be discharged with a characterization of service of honorable. 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 | CY1999 | 1999029326

Original file (1999029326.rtf) Auto-classification: Approved

Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. The Board noted that the separation authority approved the applicant’s discharge with an honorable characterization of service. AR Number: 1999029326 INDEX NUMBERS: A9320 Date of Review: 990825 A9218 Character of Service: GD A0100 Date of Discharge: 901128 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.
ARMY | DRB | CY2000 | 2000039878

Original file (2000039878.rtf) Auto-classification: Approved

Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

Search Decisions

Decision Text

ARMY | DRB | CY2001 | 2001058296

Similar Decisions