Search Decisions

Decision Text

ARMY | DRB | CY2003 | 2003098303
Original file (2003098303.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): 021125

3. Authority for separation:

         a. Regulation: Chapter 12, AR 135-178

          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 (2 nd Awd)
a. Period entered for: 6 Years NCOPDR
b. Entry date: 991003 C/Ach (4)
c. Age: 39 Years DOB: 601001
d. Educational level: HS Grad
e. Aptitude area score:
          GT: NIF 3. Highest grade achieved:
f. Length of Service: E6
3 Year(s) 1 Month(s) 23 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
         USAR     820112   820216   NA
         ADT      820217   820525   NA
         USAR     820526   991002   NA
         (Concurrent Service)



PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 23 February 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l2, Paragraph 12-1d, AR 135-178, by reason of misconduct—abuse of illegal drugs, with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge and did not submit a statement in his own behalf. The unit and intermediate commander’s recommendation for separation from the United States Army Reserve are not contained in the available records. On 13 December 2002, DA, HQ, 108 th Division (Institutional Training) 1330 Westover Street; Charlotte, NC, Orders 02-347-00001 discharged the applicant from the United States Army Reserve with a characterization of service of general, under honorable conditions, effective date 25 November 2002.

         b. On 25 November 2002, the applicant was discharged. At the time of discharge, the applicant had completed 3 years, 1 month, and 23 days of active military service in the period under review and had a total of 20 years, 10 months and 13 days of active military service.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. Chapter 12, paragraph 12-1 of the regulation, in effect at the time, governed separation for misconduct. When discharged under this provision, Army policy states that the characterization of service will normally be under other than honorable conditions. The regulation also permitted the characterization of service as general, 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 030122, 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 3 December 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 infraction of discipline, the extent thereof, and the seriousness of the offense. The Board does not condone the applicant’s misconduct; however, determined that the characterization of service was inequitable because the applicant's generally acceptable personal conduct and performance of duty mitigated the discrediting entry in the service record. 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       

                                 
MR. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 5 December 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 the applicant a new separation order from the Reserve of the Army which reflects the following directed change(s):
( X )   Change characterization of discharge to
Honorable.
( X )   Other (see remarks below).
Remarks: This action entails issuing the applicant a new separation order
from the Reserve of the Army.
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: 2003098303 INDEX NUMBERS: A9406
Date of Review: 031203 A9218
Character of Service: GD A0113
Date of Discharge: 021125
Authority: AR 135-178 C12
Reason: A6000
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.      Mbr      X  X           

3.      Mbr      X  X           

4.      Mbr      X  X           

5.      PO      X  X           






Similar Decisions

  • ARMY | DRB | CY2004 | AR2004101357

    Original file (AR2004101357.doc) Auto-classification: Approved

    The Board found that the reason for discharge was both proper and equitable and voted not to change it. Change characterization to Honorable. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW 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: 2004101357 INDEX NUMBERS:...

  • ARMY | DRB | CY2001 | 2001058792

    Original file (2001058792.rtf) Auto-classification: Denied

    The evidence of record available to the Board shows that the applicant was discharged from the Army National Guard under the provisions of Chapter 13, AR 135-178 & paragraph 1-26k, by reason of unsatisfactory participation with a character of service of general, under honorable conditions. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. EXHIBITS: A - Application for review of discharge C -...

  • ARMY | DRB | CY2000 | 2000044950

    Original file (2000044950.rtf) Auto-classification: Denied

    The Board noted that the applicant’s record contains a separation order from the Reserve of the Army discharging him under the provisions of Army regulation 135-178 with an uncharacterized discharge. The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, voted to deny relief.3. AR Number: 2000044950 INDEX NUMBERS: A9217 Date of Review: 000927 A0100 Character of Service: EL A9445 Date of Discharge: 970828 Authority: AR...

  • ARMY | DRB | CY2000 | 2000044263

    Original file (2000044263.rtf) Auto-classification: Approved

    Change reason to Secretarial Authority under Section II, Paragraph 4-4, AR 135-178. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000044263 INDEX NUMBERS: A9456 Date of Review: 000823 A1200 Character of Service: EL A0100 Date of Discharge: 990601 Authority: AR 135-178 C6 Reason: A4900 Results of Board Action/ Vote/Affirmation: MD 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2001 | 2001056391

    Original file (2001056391.rtf) Auto-classification: Denied

    On 21 March 1995, the applicant was discharged. However, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted. AR Number: 2001056391 INDEX NUMBERS: A9217 Date of Review: 010809 A9221 Character of Service: EL A0113 Date of Discharge: 950321 Authority: AR 135-178 C5 Reason: A2900 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2003 | 2003086235

    Original file (2003086235.rtf) Auto-classification: Denied

    On 1 February 2000, the applicant was discharged. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2003086235 INDEX NUMBERS: A9321 Date of Review: 030924 A9217 Character of Service: EL A0143 Date of Discharge: 000201 Authority: AR 135-178 C6 Reason: A2800 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • 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 | 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 | 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 | CY2003 | AR2003091767

    Original file (AR2003091767.doc) Auto-classification: Denied

    Remarks: NONE SECTION B - Prior Service Data NONE Other discharge(s): Service From To Type Discharge PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. On 6 January 2003, the applicant was discharged. 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 -...