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): 030522
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:
AAM(3rd Awd)
a. Period entered for: NIF GCMDL
b. Entry date: 011206 NDSM
c. Age: 23 Years DOB: 771228 ASR
d. Educational level: HS Grad
e. Aptitude area score:
GT: 116 3. Highest grade
achieved:
f. Length of Service: E5
1 Year(s) 5 Month(s) 16 Day(s)
4. Performance evaluations:
NONE
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
ARNGUS 970513 971105 NA
ADT 971106 980226 Honorable
ARNGUS 980227 981123 Honorable
RA 981124 001205 Honorable
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. The specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records. The
record contains a properly constituted DD Form 214 (Certificate of Release
or Discharge from Active Duty) which was authenticated by the applicant.
His DD Form 214 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 22 May 2003, the applicant was discharged. At the time of
discharge, the applicant had completed 1 year, 5 months, and 16 days of
active military service in the period under review and had a total of 6
years and 11 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 031002.
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, D.C. on 21 July
2004.
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 applicant’s record is void of
facts and circumstances concerning events that led to a discharge from the
Army. The Board noted that the applicant’s record contains a properly
constituted DD Form 214 (Certificate of Release or Discharge from Active
Duty) which was authenticated by the applicant. This document identifies
the reason and characterization of the discharge and the Board presumed
government regularity in the discharge process. The Board, being convinced
that the reason for discharge and the characterization of service were
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
1901 South Bell Street, 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:
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: 2003097093 INDEX NUMBERS: A9217
Date of Review: 040721 A9235
Character of Service: GD A0100
Date of Discharge: 030522
Authority: AR 635-200 C14
Reason: A6770
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. COL FLETCHER, ANN G. Mbr X X
3. Mbr X X
4. Mbr X X
5. PO X X
ARMY | DRB | CY2003 | 2003093597
Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. On 22 May 2003, the applicant was discharged. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY2003 | 2003087591
His NGB Form 22 indicates that he was discharged under the provisions of Chapter 8-27g, NGR 600-200, by reason of unsatisfactory participation with a characterization of service of general, under honorable conditions. On 1 May 1990, the applicant was discharged. 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...
ARMY | DRB | CY2004 | AR20040000362
On 22 May 2003, the applicant was discharged. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. 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 -...
ARMY | DRB | CY2000 | 2000042085
Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. 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:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board AR Number: 2000042085 INDEX NUMBERS: A9105 Date of Review: 000719...
ARMY | DRB | CY1999 | 1999020999
The Board, being convinced that the characterization of service and the reason for discharge were proper and equitable, voted to deny relief. 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...
ARMY | DRB | CY2003 | AR2003099008
The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service), indicating discharge under the provisions of Chapter 8, paragraph 8-26q, NGR 600-200, by reason of acts or patterns of misconduct, with a characterization of general, under honorable conditions, and a RE code of 3. b. 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...
ARMY | DRB | CY2004 | AR2004105380
The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service), indicating discharge under the provisions of NGR 600-200, paragraph 8-26q, by reason of acts or patterns of misconduct, with a characterization of service of general, under honorable conditions. 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...
ARMY | DRB | CY2001 | 2001060731
Her DD Form 214 indicates that she was discharged under the provisions of Chapter 10, AR 635-200 by reason of for the good of the service-in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. Chapter l0 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 a discharge for the good of the service...
ARMY | DRB | CY2003 | 2003092935
Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA 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...
ARMY | DRB | CY2000 | 2000047441
Chapter l0 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 a discharge for the good of the service in lieu of trial by court-martial. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B -...