Search Decisions

Decision Text

ARMY | DRB | CY2003 | 2003084557
Original file (2003084557.rtf) Auto-classification: Approved
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): 001204

3. Authority for separation:

         a. Regulation: Chapter 8, AR 135-178

          b. Reason: Alcohol or Other Drug Abuse Rehabilitation Failure
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ARCOM OSR
a. Period entered for: 6 Years ARCAM(5) L/A(4)
b. Entry date: 990425 ARCOTR(4)
c. Age: 45 Years DOB: 550627 AFRM
d. Educational level: HS Grad NCOPDR(3)
e. Aptitude area score: ASR
          GT: 90 3. Highest grade achieved:
f. Length of Service: E7
1 Year(s) 7 Month(s) 10 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: 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       750227   790703   Honorable
         USAR     790704   810711   Honorable
         USAR     810712   870514   Honorable
         USAR     870515   930512   Honorable
         USAR     930513   990424   Honorable



PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 1 December 2000, DA, HQ, 78 th Division (TS) SGT Joyce Kilmer USAR Center, Edison, New Jersey, Orders 0336-001 discharged the applicant from the United States Army Reserve, effective 4 December 2000, with a characterization of service of general, under honorable conditions.

         b. On 4 December 2000, the applicant was discharged. At the time of discharge, the applicant had completed 1 year, 7 months, and 10 days of active military service in the period under review and had a total of 25 years, 9 months and 7 days of active military service.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 135-178 governs procedures covering enlisted personnel based on alcohol or other drug abuse (i.e. the illegal, wrongful, or improper use of any controlled substance, alcohol, or other drug). The soldier is entitled to exemption under the policy as expressed in AR 600-85, table 6-1, columns B and C, Alcohol and Drug Abuse Prevention Control Program (ADAPCP); and the commander, in consultation with the rehabilitation team, determines that further rehabilitation efforts are not practical rendering the soldier a rehabilitation failure. Approval of CG, ARPERCEN, ATTN: DARP-PAT, is required before an enlisted soldier who has completed 18 or more years of qualifying service for retired pay may be discharged under this chapter. The service of soldiers discharged under this chapter will be characterized as honorable or under honorable conditions.


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 030113, with six (6) 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 9 July 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 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 applicant’s 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 infraction of discipline, the extent thereof, and the seriousness of the offense. The Board found that the length and quality of the applicant’s service mitigated his misconduct. 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 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       

                                 
Ms. McKim-Spilker
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 11 July 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 )   Other (see remarks below).
Remarks: This action entails voiding HQ, 78 th Division (TS), Edison,
 NJ, ORDERS 0336-001, discharging the applicant with a GD; and
 issuing a new order discharging the applicant with an HD.

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: 2003084557 INDEX NUMBERS: A9406
Date of Review: 030709 A9218
Character of Service: GD A0113
Date of Discharge: 001204
Authority: AR 135-178 C8
Reason: A6900
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. COL HOUSE, ROBERT L.         Mbr      X  X           

3.      Mbr      X  X           

4.      Mbr      X  X           

5.      PO      X  X           






Similar Decisions

  • ARMY | DRB | CY2003 | 2003084024

    Original file (2003084024.rtf) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested a hearing by a board of officers, and did not submit a statement in his own behalf. On 28 July 2002, the separation authority recommended approval of the board’s findings and recommendation for separation with a characterization of service of under other than honorable conditions. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2000 | 2000045741

    Original file (2000045741.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 000703. 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:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted...

  • ARMY | DRB | CY1999 | 1999024442

    Original file (1999024442.rtf) Auto-classification: Denied

    Accordingly, 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 MRS. WADE 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 | CY1998 | 1998013766

    Original file (1998013766.rtf) Auto-classification: Approved

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. The regulation also permitted the characterization of service as under honorable conditions, but did not authorize the characterization of service as honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.

  • ARMY | DRB | CY2000 | 2000048666

    Original file (2000048666.rtf) Auto-classification: Denied

    The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, voted to deny relief3. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000048666 INDEX NUMBERS: A9217 Date of Review: 010110 A9235 Character of Service: GD A0100 Date of Discharge: 990811 Authority: AR 135-178 Reason: A8400 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization...

  • ARMY | DRB | CY2004 | AR2004105392

    Original file (AR2004105392.doc) Auto-classification: Denied

    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 | 1999025023

    Original file (1999025023.rtf) Auto-classification: Approved

    The Board determined that the reason for discharge was proper and equitable and voted not to change it. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999025023 INDEX NUMBERS: A9218 Date of Review: 990428 A9236 Character of Service: GD A9412 Date of Discharge: 960419 A0100 Authority: AR 135-178 C7 Reason: A6730 Results of Board Action/ Vote/Affirmation: HD 3-2 A PART IX - VOTING RECORDName Reason Characterization...

  • ARMY | DRB | CY2001 | 2001051518

    Original file (2001051518.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990709. 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:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted...

  • ARMY | DRB | CY2000 | 2000043287

    Original file (2000043287.rtf) Auto-classification: Approved

    Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable. However, the Board found that the reason for discharge was proper and equitable and voted not to change it. AR Number: 2000043287 INDEX NUMBERS: A9218 Date of Review: 000726 A0100 Character of Service: EL A9321 Date of Discharge: 990205 Authority: AR 135-178 C6 Reason: A4900 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1999 | 99032326

    Original file (99032326.rtf) Auto-classification: Approved

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990925. The evidence of record indicates that the applicant was discharged under the provisions of Chapter 11, AR 135-178, by reason of expiration of term of service with an uncharacterized discharge.