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ARMY | DRB | CY2003 | 2003088211
Original file (2003088211.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): 990521

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(4 th Awd)  ASR
a. Period entered for: 4 Years AAM OSR(2d Awd)
b. Entry date: 950713 GCDMDL              KLM(SA)
c. Age: 29 Years DOB: 651030 NDSM                 KLM(K)
d. Educational level: HS Grad SWASMw/2BSS
e. Aptitude area score: NCOPDRw/Num2
          GT: 88 3. Highest grade achieved:
f. Length of Service: E6
3 Year(s) 10 Month(s) 8 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: The official record contains two MP Reports dated 980211
                           and 980217. The applicant received a Bar to Reenlistment.
SECTION B - Prior Service Data
NONE

Other discharge(s):

          Service   From      To        Type Discharge
         RA       850131 900530    HD
          RA                900531 921123             HD
         RA                921124 950712             HD


PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 5 February 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—patterns of misconduct, with a general, under honorable conditions discharge. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and requested appearance before a board of officers. The intermediate commander reviewed the proposed discharge action, recommended a general, under honorable conditions discharge, and forwarded the proposed discharge for board action. On 26 April 1999, board of officers met; applicant appeared with counsel. The board recommended separation with a general, under honorable conditions discharge. On 12 May 1999, the separation authority approved the findings and recommendations of the board, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.

         b. On 21 May 1999, the applicant was discharged. At the time of discharge, the applicant had completed 3 years, 10 months, and 8 days of active military service in the period under review and had a total of 14 years, 3 months and
21 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 030306.
         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 8 October 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 ( ) 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 rejected. 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 infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board noted the applicant’s contentions, however, the Board found sufficient misconduct and substandard performance in her official record to warrant the separation action under review. The record shows the applicant was counseled on many occasions for failing to pay her just debts and uttering worthless checks. She was also counseled for borrowing money from a subordinate noncommissioned officer (NCO) and encouraging the NCO to lie about the loan and her failure to repay it. The record also contains two police reports involving simple assault and a traffic incident in which she was involved. Finally the record shows, El Paso County issued an arrest warrant for the applicant for writing over $4000 in worthless checks after she filed for bankruptcy protection under Chapter 13. Her misconduct resulted in a bar to reenlistment. The applicant provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that the applicant’s service mitigated the misconduct. Before initiating action to separate the applicant, the command ensured the applicant was appropriately counseled about the deficiencies that could lead to separation. The Board noted that the command made an assessment thereafter of the applicant's potential for rehabilitation and the command appropriately determined the applicant did not demonstrate the potential for further military service. The Board, being convinced that the narrative reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

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 2 3

         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
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: 2003088211 INDEX NUMBERS: A9405
Date of Review: 031008 A9217
Character of Service: GD A9235
Date of Discharge: 990521 A0100
Authority: AR 635-200 C14
Reason: A6750
Results of Board Action/
Vote/Affirmation: NC 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.      PO      X          X    






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