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ARMY | DRB | CY2003 | 2003083852
Original file (2003083852.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): 020708

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:
                            ARCOM(2ndAwd OSR
a. Period entered for: (NIF) Years AAM(5thAwd) C/Ach(5)
b. Entry date: 951018 GCMDL(4thAwd)
c. Age: 38 Years DOB: 640214 NDSM
d. Educational level: HS Grad NCOPDR
e. Aptitude area score: ASR
          GT: 115 3. Highest grade achieved:
f. Length of Service: E7
6 Year(s) 8 Month(s) 19 Day(s)

4. Performance evaluations:
See OMPF

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 000121-000131;

         Mil conf 0

         Civil conf 0

         Other 0


6. Nonjudicial punishment:

         Date     Offense(s)
         971017   Violate a lawful general regulation, by wrongfully employing civilian a high school student and DEP member, in a personal capacity as a babysitter for your children and by wrongfully sharing lodging with civilian two specifications between (960501-970201) and (960901-970201).
         000419   AWOL (000121-000131), Violate a lawful general regulation, by wrongfully using your government owned vehicle for domicile to duty between (991112-000115).
         _________________________
         991207   Letter of Reprimand-Failing to be at your appointed place of duty (991120)(administrative).
7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)
                   010126   Violated Articles 92 and 107 of the UCMJ by disobeying a lawful
general regulation and by making a false official statement.

         c. GCM: 
                  Date Offense(s)

8.       Remarks: NONE
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         USAR     820525   820721   NA
         ADT      820722   820924   NA
         USAR     820925   830522   NA
         ADT      830523   830722   Honorable
         USAR     830723   840202   Honorable
         RA       860613   920312   Honorable
         RA       920313   920708   Honorable
         USAR     920709   951017   NA
         (Concurrent service)

PART IV - PREHEARING REVIEW

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

         a. The available evidence of record shows that on 17 April 2001, board of officers met, applicant appeared with counsel. The board recommended separation with a characterization of service of under other than honorable conditions. On 14 May 2001, the separation authority approved the board’s recommendation and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. Notwithstanding the aforementioned, the applicant was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) which indicates that he was discharged under the provisions of Chapter 14, AR 635-200 by reason of misconduct, with a characterization of service of general, under honorable conditions.

         b. On 8 July 2002, the applicant was discharged. At the time of discharge, the applicant had completed 6 years, 8 months, and 19 days of active military service and accrued 10 days of lost time in the period under review and had a total of 20 years, 1 month and 3 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 021215, with fourteen (14) 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 11 June 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:
         ( )     Additional issue(s) identified during review/hearing as follows:
         b. Request: ( X ) Recharacterization ( X ) 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.

 (1) The issue is rejected. The Board carefully examined the available record of service for 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. The Board determined that the applicant's discharge, as approved by the convening authority, was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. The evidence of record supports that the applicant, by his misconduct and poor duty performance, diminished the quality of his service below that meriting a fully honorable or general discharge. The applicant was incorrectly issued a DD Form 214, which indicates a characterization of service of general, under honorable conditions; however, it is the policy of the Board not to correct such errors when said correction would downgrade the discharge document currently held by the applicant. 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. The Board, being convinced that the approved reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

          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.

 (2-13) The issues are rejected. The matters addressed in these issues do not fall within the purview of the Army Discharge Review Board (ADRB). The applicant should address these issues to the Army Board for Correction of Military Records (ABCMR). A DD Form 149 (application to the ABCMR) is enclosed with this response.

 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:


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: 2003083852 INDEX NUMBERS: A9235
Date of Review: 030611 A9217
Character of Service: GD A9221
Date of Discharge: 020708 A9201
Authority: AR 635-200 C14 A0113
Reason: A6730
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    






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