Search Decisions

Decision Text

ARMY | DRB | CY2001 | 2001059395
Original file (2001059395.rtf) Auto-classification: Denied
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): 910130

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

         b. Reason: For The Good of The Service-In Lieu of 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:
                           ASR
a. Period entered for: 3 Years (6-mos. ext.)
b. Entry date: 860909 (880627)
c. Age: 17 Years DOB: 681129
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 89 3. Highest grade achieved:
f. Length of Service: E4
3 Year(s) 3 Month(s) 5 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 890913-900303;

         Mil conf 0

         Civil conf 0

         Other 0


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: The applicant has a Military Police Report in file dated (901106).


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 on 14 November 1990, the applicant was charged with AWOL from (890913-900303). On 15 November 1990, 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. The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge. On 15 January 1991, the separation authority approved the discharge with an under other than honorable conditions discharge. The applicant was to be reduced to the lowest enlisted rank.

         b. On 30 January 1991, the applicant was discharged. At the time of discharge, the applicant had completed 3 years, 3 months, and 5 days of active military service and accrued 182 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 under other than honorable conditions 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 010620.
         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 29 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 applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.


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. RON WILLIAMS
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: 2001059395 INDEX NUMBERS: A9217
Date of Review: 010829 A0100
Character of Service: UD A9500
Date of Discharge: 910130
Authority: AR 635-200 C10
Reason: A7100
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 | 2000039199

    Original file (2000039199.rtf) Auto-classification: Approved

    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 carefully reviewed the applicant’s record of service during the period of enlistment under review. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2001 | 2001060653

    Original file (2001060653.rtf) Auto-classification: Denied

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. On 1 November 1996, the separation authority approved the discharge with a characterization of service of an under other than honorable conditions. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1997 | 199700109

    Original file (199700109.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. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2002 | 2002076882

    Original file (2002076882.TXT) 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. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report...

  • ARMY | DRB | CY2000 | 2000040162

    Original file (2000040162.rtf) Auto-classification: Denied

    The Board carefully reviewed the applicant’s record of service during the period of enlistment under review. 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 EXHIBITS: A - Application for review of discharge C - Other B...

  • ARMY | DRB | CY2000 | 2000046472

    Original file (2000046472.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. 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. PART VII -...

  • ARMY | DRB | CY2003 | AR2003099366

    Original file (AR2003099366.doc) Auto-classification: Denied

    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. 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...

  • ARMY | DRB | CY1997 | 199700585

    Original file (199700585.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. CASE NO: AD97-00585 PART III - SERVICE HISTORYSECTION A - Period of Service Under Review - Continued 5. CASE NO: AD97-00585 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2001 | 2001058505

    Original file (2001058505.rtf) Auto-classification: Denied

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. 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 upon him receiving a characterization of service or description of separation no less favorable than general, under honorable conditions, and did not submit a statement in his own behalf. The Board, being convinced...

  • ARMY | DRB | CY2003 | 2003083580

    Original file (2003083580.rtf) Auto-classification: Approved

    Evidence of record shows that on 10 February 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—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, waived consideration of his case by an administrative separation board and did not submit a statement in his own behalf....