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): 980221
3. Authority for separation:
a. Regulation: Chapter 13, AR 635-200
b. Reason: Unsatisfactory Performance
4. Prior review(s): Records/020717NONE
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: 970318 ASR
c. Age: 22 Years DOB: 740728 OSR
d. Educational level: HS Grad
e. Aptitude area score:
GT: 115 3. Highest grade achieved:
f. Length of Service: E4
0 Year(s) 11 Month(s) 4 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 931008 970317 Honorable
PART IV - PREHEARING REVIEW
SECTION A-ANALYSTS ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 9 January 1998, DA, Headquarters Tripler Army Medical Center, Tripler AMC, Hawaii, Orders 9-6 released the applicant from the Regular Army, effective date 21 February 1998. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant was unavailable for signature. His DD Form 214 indicates that he was released from active duty under the provisions of Chapter 13, AR 635-200 by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions (GD). Furthermore, the DD Form 214 shows a separation code of LHJ (i.e., unsatisfactory performance). The specific facts and circumstances leading to the applicants release are not contained in the available records.
b. On 21 February 1998, the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement) ARPERCEN, St. Louis, Missouri. At the time of release, the applicant had completed 11 months, and 4 days of active military service in the period under review and had a total of 4 years, 4 months and 14 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 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.
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 020731.
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:
( ) Records review ( X ) Hearing
b. Type Held:
( )Records review ( X ) Hearing
( ) Tender Offer
c. Review/hearing location and date: Washington, DC on 9 December 2002.
d. Appearance by:
Applicant ( X ) Yes ( ) No
Counsel ( ) Yes ( X ) No
e. Applicant testified: ( X ) Yes ( ) 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:
( X ) Additional issue(s) identified during review/hearing as follows:
Board Issue: (1) The discharge was inequitable.
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 accepted. The Board carefully examined the applicants record of service during the period of enlistment under review and heard his testimony. Notwithstanding the propriety of the applicants discharge, the Board determined that the discharge was inequitable. The Board found that the applicants incidents of unsatisfactory performance were mitigated by the overall length and quality of his service. Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable and changing the narrative reason for separation to Secretarial Authority.
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:
( ) Proper.
( ) Improper as to characterization. Change characterization to .
( ) Improper as to reason. Change reason to under .
( ) Equitable.
( X ) Inequitable as to characterization. Change characterization to Honorable.
( X ) Inequitable as to reason. Change reason to Secretarial Authority
under Chapter 5, AR 635-200.
( ) 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 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. 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
TO: ARBA Support Division-St Louis Date: 13 December 2002
The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):
( X ) Change the characterization of discharge to Honorable.
( X ) Change reason and authority for discharge to Secretarial Authority, Chapter 5, AR 635-200.
( X ) Other (see remarks below).
Remarks: This action does not entail a change to the RE code.
SECTION B - CERTIFICATION
Approval Authority:
SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
JOHN F. LONG
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: 2002077185 INDEX NUMBERS: A9456
Date of Review: 021209 A1200
Character of Service: GD A9218
Date of Discharge: 980221 A0100
Authority: AR 635-200 C13
Reason: A4900
Results of Board Action/
Vote/Affirmation: HD 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. Mbr X X
ARMY | DRB | CY2001 | 2001053180
On 17 May 1999, the applicant was discharged. 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. AR Number: 2001053180 INDEX NUMBERS: A9231 Date of Review: 010418 A9217 Character of Service: UD A0100 Date of Discharge: 990517 Authority: AR 635-200 C10 Reason: A7100 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason...
ARMY | DRB | CY1999 | 1999027539
The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS 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 -...
ARMY | DRB | CY2004 | AR20040004518
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 Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE TO: ARBA Support Division-St Louis Date: 29 April 2005 The Army Discharge Review Board, established under the provisions...
ARMY | DRB | CY2004 | AR20040004519
This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(1) by reason of misconduct-commission of a serious offense-AWOL, with a characterization of service of general, under honorable conditions. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and...
ARMY | DRB | CY2000 | 2000041885
On 1 May 1998, the applicant was discharged. The Board determined that the reason for discharge was proper and equitable and voted not to change it. 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 TO: ARBA Support Division-St Louis Date: 16 June 2000 The Army Discharge Review Board, established under the provisions of Section 30, Public Law...
ARMY | DRB | CY2003 | AR2003087282
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 | CY2004 | AR2004105392
The Board noted that the applicant’s record contains a properly constituted discharge order indicating that he was discharged from the Army Reserve under the provisions of AR 135-178, with a general, under honorable conditions 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...
ARMY | DRB | CY1999 | 1999021318
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: 1999021318 INDEX NUMBERS: A9217 Date of Review: 990324 A9500 Character...
ARMY | DRB | CY1999 | 1999024436
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: 1999024436 INDEX NUMBERS: A9217 Date of Review: 990407 A9500 Character...
ARMY | DRB | CY1999 | 1999016147
PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS 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: 1999016147 INDEX NUMBERS: A9217 Date of Review: 990217...