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): 871110
3. Authority for separation:
a. Regulation: Chapter 10, AR 635-200
b. Reason: For The Good of The Service
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: 5 Years NCOPDR (1)
b. Entry date: 840314 ASR
c. Age: 22 Years DOB: 611209 OSR (2)
d. Educational level: HS Grad
e. Aptitude area score:
GT: 85 3. Highest grade achieved:
f. Length of Service: E5
3 Year(s) 7 Month(s) 22 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)
870713 Left your appointed place of duty without proper authorization (870624).
870812 Stole a watch of some value, the property of a SPC/4 (870325).
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 810521 840313 Honorable
PART IV - PREHEARING REVIEW
SECTION A-ANALYSTS ASSESSMENT
l. Facts and Circumstances:
a. The evidence of record shows that on 22 October 1987, the applicant was charged with being drunk and disorderly (871015); disrespectful in language and deportment towards a SGT, two specifications; (871015) and (871015); disobeying a lawful order from a SFC and a SGT, two specifications; (871016); (871015); disrespectful in language towards a 1LT and a CPT, two specifications; (871015) and (871016); disobeying a lawful command from a 1LT (871015); assaulting a SPC, SGT and a PVT, three specifications; (871015); (871015) and (871015). On 28 October 1987, 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 veterans benefits. The applicant submitted a statement in his own behalf. The unit commander and intermediate commanders recommended approval with an under other than honorable conditions discharge. On 5 November 1987, 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 10 November 1987, the applicant was discharged. At the time of discharge, the applicant had completed 3 years, 7 months, and 27 days of active military service in the period under review and had a total of 6 years, 5 months and 20 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 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 individuals admission of guilt. Army policy states that although an honorable or general discharge is authorized, a discharge under other than is normally considered appropriate.
SECTION B-APPLICANTS SUBMISSIONS
1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicants DD Form 293.
2. Exhibit(s) submitted:
A-1: DD Form 293, dated 011215.
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 6 March 2002.
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 applicants 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 noted the applicants contentions; however, did not find said contentions sufficiently mitigating to warrant an upgrade of the discharge under review. Further, the Board found no evidence of arbitrary or capricious action on the part of the applicants chain of command. The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. The Board noted, after consulting with defense counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated offenses under the UCMJ. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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.
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: 2002067255 INDEX NUMBERS: A9235
Date of Review: 020306 A9217
Character of Service: UD A9411
Date of Discharge: 871110 A9447
Authority: AR 635-200 C10 A0100
Reason: A7000
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
ARMY | DRB | CY1999 | AR1999016076
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 was satisfied that the characterization of service was proper and equitable, and voted not to change it.3. ( X ) Change the reason and authority for discharge to Misconduct under Chapter 14, AR 635-200.SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board
ARMY | DRB | CY1999 | 1999029187
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 | CY2001 | 2001053354
A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 010209. 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:GERARD W. SCHWARTZ 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 | CY1999 | 1999029159
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: 1999029159 INDEX NUMBERS: A9217 Date of Review: 990804 A9235 Character...
ARMY | DRB | CY2001 | 2001059061
His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200 by reason of misconduct, with a characterization of service of under other than honorable conditions. 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:GERARD W. SCHWARTZ Colonel, U.S....
ARMY | DRB | CY1997 | 199700570
Undated: Unit commander recommended applicant be separated from the Service. ( ) Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to under .2. CASE NO: AD97-00570 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR X X X X X X X X X X
ARMY | DRB | CY1997 | 199700749
Type of discharge (or characterization of service): GD 2. ( ) 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 | CY2001 | 2001059388
On 21 December 1987, the separation authority approved the discharge with a characterization of service of an under other than honorable conditions. 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...
ARMY | DRB | CY1999 | 1999023746
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. The Board,...
ARMY | DRB | CY2001 | 2001054087
DateOffense(s) 860630 Failed to obey a lawful order issued by a CPT (860620) and drunk and disorderly (860620). 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:GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C -...