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ARMY | DRB | CY2003 | 2003083824
Original file (2003083824.rtf) Auto-classification: Approved
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): 000811

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
a. Period entered for: 4 Years GCMDL
b. Entry date: 970527 ASR
c. Age: 27 Years DOB: 730223
d. Educational level: 14 Years
e. Aptitude area score:
          GT: 120 3. Highest grade achieved:
f. Length of Service: E4
3 Year(s) 3 Month(s) 10 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 000630-000704;

         Mil conf 0

         Civil conf 0

         Other 0


6. Nonjudicial punishment:

         Date     Offense(s)
         000316   Derelict in the performance of your duties in that you negligently failed to be reached at the phone number left with the CQ as it was your duty to do (000311)(summarized).
         000516   With intent to deceive, made to 1SG a false official statement (000318), Derelict in the performance of your duties in that you willfully failed to stay within the 4 hour travel area while on DRF2, as it was your duty to do (000416).
         000721   AWOL (000630-000705).

7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: Applicant’s consultation with legal counsel. NIF
                           The applicant received an Article 15 for AWOL, however
                           DD Form 214 item 29 shows no time lost.
SECTION B - Prior Service Data


Other discharge(s):

          Service   From      To        Type Discharge
         RA       950227   970526   Honorable



PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 13 July 2000, 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 unit commander subsequently recommended separation from the service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. The separation authority directed that the applicant be discharged with a characterization of service of under other than honorable conditions.

         b. On 11 August 2000, the applicant was discharged. At the time of discharge, the applicant had completed 3 years, 3 months, and 10 days of active military service and accrued 5 days of lost time in the period under review and had a total of 5 years, 5 months and 10 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 021230, with five (5) 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 28 May 2003 .

         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 discharge is improper.

         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 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 evidence of record shows that the applicant was recommended for discharge with a characterization of service of under other than honorable conditions and that he was not properly advised as to his right to appear before an administrative separation board. Further, the applicant did not waive his right to a board and command did not provide the applicant an opportunity to appear before a board. In view of the foregoing, the Board determined that the discharge is improper. Accordingly, the Board voted to grant full relief and change the reason for discharge to Secretarial Authority and the characterization of service to Honorable. This action does not entail a change to the RE code.

          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) 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:

          ( )      Proper.
         ( X )    Improper as to characterization. Change characterization to Honorable .
         ( X )    Improper as to reason. Change reason to Secretarial Authority under Chapter 5, AR 635-200 .

         ( )      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 4 1
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. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 30 May 2003

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.
( X )   Change reason and authority for discharge to
        Secretarial Authority, AR 635-200.
( X )   Other (see remarks below).
Remarks: This action does not entail a restoration of grade. The applicant’s
DD Form 214 currently shows the grade held at separation.
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: 2003083824 INDEX NUMBERS: A0142
Date of Review: 030528 A0154
Character of Service: UD A1200
Date of Discharge: 000811
Authority: AR 635-200 C14
Reason: A6750
Results of Board Action/
Vote/Affirmation: HD 4-1 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           






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