Search Decisions

Decision Text

ARMY | DRB | CY2001 | 2001060521
Original file (2001060521.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): 960221

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          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 (2ndAwd)
a. Period entered for: 4 Years GCMDL
b. Entry date: 940826 NDSM
c. Age: 23 Years DOB: 710817 ASR
d. Educational level: HS Grad OSR
e. Aptitude area score:
          GT: 89 3. Highest grade achieved:
f. Length of Service: E4
1 Year(s) 5 Month(s) 23 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 950803-950805;

         Mil conf 0

         Civil conf 0

         Other 0


6. Nonjudicial punishment:

         Date     Offense(s)
         950405   Disobeyed a lawful order from a SGT (950324).
         950816   AWOL, (950803-950806) and failed to obey a lawful order issued by a CPT (950807).

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       910806   940825   Honorable



PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 9 January 1996, 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 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 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, under honorable conditions discharge. On 29 January 1996, 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 21 February 1996, the applicant was discharged. At the time of discharge, the applicant had completed 1 year, 5 months, and 23 days of active military service and accrued 3 days of lost time in the period under review and had a total of 4 years, 6 months, and 13 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 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 010723, 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 5 September 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 concluded that the applicant's discharge was appropriate because the quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. 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. Additionally, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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. 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: 2001060521 INDEX NUMBERS: A9445
Date of Review: 010905 A0100
Character of Service: GD A9217
Date of Discharge: 960221
Authority: AR 635-200 C14
Reason: A6700
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 | CY1999 | 1999025260

    Original file (1999025260.rtf) Auto-classification: Approved

    The Board determined that the reason for discharge was proper and equitable and voted not to change it.3. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999025260 INDEX NUMBERS: A9218 Date of Review: 990505 A0100 Character of Service: GD A9500 Date of Discharge: 960514 Authority: AR 635-200 C14 Reason: A6700 Results of Board Action/ Vote/Affirmation: HD 5-0 A PART IX - VOTING RECORDName Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1999 | 1999019183

    Original file (1999019183.rtf) Auto-classification: Denied

    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: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: 1999019183 INDEX NUMBERS: A9217 Date of Review: 990310 A9500 Character...

  • ARMY | DRB | CY1997 | 199700536

    Original file (199700536.rtf) Auto-classification: Denied

    ( ) Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to under .2. CASE NO: AD97-00536 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL ALLEN Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE SECTION B - CERTIFICATION EL CARTIO BARNES Colonel, U.S. Army President, Army Discharge Review Board CASE NO: AD97-00536...

  • ARMY | DRB | CY2000 | 2000035286

    Original file (2000035286.rtf) Auto-classification: Denied

    Evidence of record shows that on 3 March 1996, 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 an under other than honorable conditions discharge. On 6 May 1996, the applicant was discharged. The Board carefully reviewed the applicant’s record of service during the period of enlistment under review.

  • ARMY | DRB | CY2000 | 2000048570

    Original file (2000048570.rtf) Auto-classification: Denied

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. On 16 December 1997, the applicant was discharged. 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:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board

  • ARMY | DRB | CY1997 | 199701318

    Original file (199701318.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. 960402: Applicant was discharged. CASE NO: AD97-01318 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR X X X X X X X X X X

  • ARMY | DRB | CY2000 | 2000047689

    Original file (2000047689.rtf) Auto-classification: Denied

    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. 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 -...

  • ARMY | DRB | CY2000 | 2000039332

    Original file (2000039332.rtf) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board and did not submit a statement on his own behalf. A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 000126. AR Number: 2000039332 INDEX NUMBERS: A9406 Date of Review: 000412 A9236 Character of Service: GD A0100 Date of Discharge: 970117 Authority: AR 635-200 C14 Reason: A6770 Results of...

  • ARMY | DRB | CY2003 | AR2003087282

    Original file (AR2003087282.doc) Auto-classification: Approved

    On 24 August 2001, 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 contingent upon receiving a characterization of service no les favorable than general, under honorable conditions, and did not submit a statement in his own behalf. The Board found that the reason of discharge was both proper and equitable, and voted not to change it. SECTION B - CERTIFICATION Approval...

  • ARMY | DRB | CY2000 | 2000047761

    Original file (2000047761.rtf) Auto-classification: Denied

    The Board carefully examined the applicant’s record of service during the period of enlistment under review and the documents submitted with his application. 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...