Search Decisions

Decision Text

ARMY | DRB | CY2003 | 2003089981
Original file (2003089981.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): 931105

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 (3 rd )
a. Period entered for: 4 Years AAM (3 rd )
b. Entry date: 900802 GCMDL
c. Age: 25 Years DOB: 640806 NDSM
d. Educational level: HS Grad ASR
e. Aptitude area score:
          GT: 91 3. Highest grade achieved:
f. Length of Service: E5
3 Year(s) 3 Month(s) 3 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:

         Date     Offense(s)
         930521   Failure to obey a lawful order (Summarized).
         930426   Failure to go to her appointed place of duty (Summarized).

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
         USAR     840420   840502   NA
         IADT     840503   840915   HD
         USAR     840916   850410   NA
         USAR     850411   850509   NA
         RA       850510   900801   HD


PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 22 July 1993, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—a pattern of misconduct and commission of a serious offense, with a characterization of service of under other than honorable conditions. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general. On 2 November 1993, she unconditionally waived an administrative separation board and did not submit statements in her own behalf. 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 a UOHC. On 4 November 1993, the separation authority directed that the applicant be discharged with a characterization of service of UOHC.

         b. On 5 November 1993, the applicant was discharged. At the time of discharge, the applicant had completed 3 years, 3 months, and 3 days of active military service and accrued 17 days of lost time in the period under review and had a total of 9 years, 6 months and 5 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 030427.
         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 12 November 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 is 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 infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board does not condone the applicant’s misconduct; however, determined that the characterization of service is inequitable. The Board found that the applicant's misconduct was mitigated by service of sufficient merit to warrant an upgrade of the discharge being reviewed. Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to general, under honorable conditions.

(1) The issue is rejected. The Board determined that the reason for discharge was proper and equitable and voted not to change it. Additionally, by her misconduct and poor duty performance, the applicant diminished the quality of service below that meriting a fully honorable discharge. See response to issue (2) above.

 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                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to General, Under Honorable Conditions .
         ( )      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       

                                 
MR. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 14 November 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 General, Under Honorable Conditions.
( X )   Other (see remarks below).
Remarks: This action entails a restoration of grade to E5.
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: 2003089981 INDEX NUMBERS: A9406
Date of Review: 031112 A9218
Character of Service: UD A0113
Date of Discharge: 931105
Authority: AR 635-200 C14
Reason: A6730
Results of Board Action/
Vote/Affirmation: GD 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       






Similar Decisions

  • ARMY | DRB | CY2002 | 2002067275

    Original file (2002067275.TXT) Auto-classification: Denied

    Evidence of record shows that on 28 September 1993, 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 a general, under honorable conditions discharge. 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. Lieutenant Colonel, U.S. Army Chief, Secretary Recorder EXHIBITS: A...

  • ARMY | DRB | CY2002 | 2002068307

    Original file (2002068307.TXT) Auto-classification: Denied

    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. 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: GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review...

  • ARMY | DRB | CY2004 | AR2004105018

    Original file (AR2004105018.doc) Auto-classification: Approved

    Remarks: NONE SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 840719 870514 Honorable RA 870515 920916 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Chapter 10 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 discharge for the good of the service in lieu of...

  • ARMY | DRB | CY1999 | 99032311

    Original file (99032311.rtf) Auto-classification: Approved

    The Board determined that the reason for discharge was proper and equitable and voted not to change it. Voting record: ChangeNo 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. AR Number: 1999032311 INDEX NUMBERS: A9218 Date of Review: 991110 A9412 Character of Service: GD A9445 Date of Discharge: 931105 Authority: AR 635-200 C13 Reason: A4900 Results of Board...

  • ARMY | DRB | CY2000 | 2000038084

    Original file (2000038084.rtf) Auto-classification: Denied

    The evidence of record shows that on 11 March 1994, the appropriate authority notified the applicant of initiation of separation action under the provisions of Chapter 4, AR 635-120 by reason of acts of personal misconduct and conduct unbecoming an officer. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000038084 INDEX NUMBERS: A8001 Date of Review: 000322 A0100 Character of Service: HD A9235 Date of Discharge: 941104...

  • ARMY | DRB | CY2004 | AR2004101165

    Original file (AR2004101165.doc) Auto-classification: Approved

    The Board determined that the reason for discharge was both proper and equitable, and voted not to change it. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY1999 | AR1999028177

    Original file (AR1999028177.rtf) Auto-classification: Denied

    Upon further research at the Enlisted Records and Evaluation Center, it appears that the applicant was not properly discharge from the service and a DD 214 was never completed. 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...

  • ARMY | DRB | CY1999 | 1999024910

    Original file (1999024910.rtf) Auto-classification: Denied

    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 EXHIBITS: A - Application for review of discharge C - Other B - Material submitted...

  • ARMY | DRB | CY2003 | 2003084019

    Original file (2003084019.rtf) Auto-classification: Denied

    On 21 April 1993, the applicant was discharged. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS 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

  • ARMY | DRB | CY1999 | 1999024236

    Original file (1999024236.rtf) Auto-classification: Denied

    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 - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999024236 INDEX NUMBERS: A9217 Date of Review: 990616 A0100 Character...