PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: Uncharacterized
2. Date of discharge (or REFRAD): 881027
3. Authority for separation:
a. Regulation: Chapter 11, AR 635-200
b. Reason: Entry Level Status
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: 4 Years
b. Entry date: 880401
c. Age: 20 Years DOB: 670806
d. Educational level: HS Grad
e. Aptitude area score:
GT: 94 3. Highest grade achieved:
f. Length of Service: E1
0 Year(s) 6 Month(s) 27 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)
880923 Failed to go to your appointed place of duty (880917).
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
NONE
Other discharge(s):
Service From To Type Discharge
PART IV - PREHEARING REVIEW
SECTION A-ANALYSTS ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 26 September 1988, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l1, AR 635-200, by reason of entry-level status, with an uncharacterized discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the separation action, 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 12 October 1988, the separation authority waived further rehabilitative efforts and directed that the applicant be transferred to the individual ready reserve with a characterization of service of uncharacterized.
b. On 27 October 1988, the applicant was released from active duty. At the time of release, the applicant had completed 6 months, and 27 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 11, of this regulation, in effect at the time, provided, for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status. This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service. The separation policy applies to soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline. The regulation requires uncharacterized service for separation under this chapter.
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 020809, with two (2) 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 26 November 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:
( X ) Additional issue(s) identified during review/hearing as follows:
Board Issue: (2) The characterization of service was too harsh.
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.
(2) The issue is accepted. 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 the infractions of discipline, the extent thereof, and the seriousness of the offenses. It appears from the official record, that the applicant completed both BCT and AIT prior to his release from active duty. In addition, the applicant was transferred to the USAR Control Group and received an honorable discharge upon completion of his statutory service obligation. In view of the foregoing, the Board determined that the characterization of service was inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
(1) See Paragraph 3, below.
3. Response(s) to item(s) not addressed as decisional issue(s):
Inasmuch as the Board voted to grant the full relief requested, response to the remaining issue is neither required nor rendered.
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 .
( ) Equitable.
( X ) Inequitable as to characterization. Change characterization to Honorable.
( ) 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 3 2
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
Ms. McKim-Spilker
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
TO: ARBA Support Division-St Louis Date: 29 November 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 characterization of discharge to Honorable.
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: 2002077797 INDEX NUMBERS: A9406
Date of Review: 021126 A9222
Character of Service: EL A0100
Date of Discharge: 881027
Authority: AR 635-200 C11
Reason: A2900
Results of Board Action/
Vote/Affirmation: HD 3-2 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 | CY1997 | 199700758
The Board examined the applicant's record of service during the period of enlistment 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. Voting record: ChangeNo 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.
ARMY | DRB | CY1997 | 199700658
( ) 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 CASE NO: AD97-00658 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR X X X X X X X X X X
ARMY | DRB | CY2001 | 2001051391
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 contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge and submitted a statement in his own behalf. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART...
ARMY | DRB | CY2003 | AR2003095920
His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200 by reason of for the good of the service-in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant would have been aware of that prior to requesting discharge. Minority views: NONE PART VII -...
ARMY | DRB | CY1999 | 1999025342
A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE 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 AR Number: 1999025342 INDEX NUMBERS: A9217 Date of Review: 990505 A9221 Character...
ARMY | DRB | CY1999 | 1999025611
However, in review of the applicant’s entire service record, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted. 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 Ms. McKim-Spilker Case Reviewing Official PART VIII -...
ARMY | DRB | CY2000 | 2000048379
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. ( X ) Change reason and authority for discharge to Misconduct, AR 635-200 . EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY1999 | 1999026463
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 | CY1999 | AR1999029148
The Board, being convinced that the characterization of service and the reason for discharge were both proper and equitable, voted to deny relief. 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 AR Number: 1999029148...
ARMY | DRB | CY2003 | 2003091408
On 7 December 1993, 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:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant