PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: Honorable
2. Date of discharge (or REFRAD): 920909
3. Authority for separation:
a. Regulation: Chapter 13, AR 635-200
b. Reason: Unsatisfactory Performance
4. Prior review(s): NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review
1. Service data: 2. Awards and
decorations:
NONE
a. Period entered for: 6 Years
b. Entry date: 911019
c. Age: 19 Years DOB: 711130
d. Educational level: HS Grad
e. Aptitude area score:
GT: 126 3. Highest grade
achieved:
f. Length of Service: E3
0 Year(s) 10 Month(s) 20 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:
Date Offense(s)
920309 Failed to repair – not in file;
7. Court-Martial data: NONE
a. SCM:
Date Offense(s)
b. SPCM:
Date Offense(s)
c. GCM:
Date Offense(s)
8. Remarks: Vacation of suspension on 920310 – violating restriction.
SECTION B - Prior Service Data
Other discharge(s):
Service From To Type Discharge
ARNGUS 881222 900605 NA
ADT 900607 900817 Uncharacterized
ARNGUS 900817 911016 NA
(Concurrent service)
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 20 July 1992, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter l3, AR 635-200, by reason of unsatisfactory
performance, with an honorable discharge. He was advised of his rights.
The applicant consulted with legal counsel, was advised of the impact of
the discharge action, and submitted a statement in his own behalf. The
unit commander subsequently recommended separation from the service and
waiver of further rehabilitative efforts. On 3 September 1992, the
separation authority waived further rehabilitative efforts and directed
that the applicant be discharged with a characterization of service of
honorable.
b. On 9 September 1992, the applicant was discharged. At the time
of discharge, the applicant had completed 10 months and 20 days of active
military service in the period under review and had a total of 3 years, 8
months and
17 days of active military service.
c. The official record shows that the applicant accepted nonjudicial
punishment for failing to repair in March 1992. In addition, the applicant
has an extensive counseling history, to include: failing to follow
procedures and orders, failing to repair, malingering, violating
restriction; and, expressing a desire for discharge.
2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200
sets forth the basic authority for the separation of enlisted personnel.
Chapter 13 contains the policy and outlines the procedures for separating
individuals for unsatisfactory performance, to include separation for those
individuals who fail to maintain Army physical standards. Initiation of
separation proceedings is required for individuals without medical
limitations who have two consecutive failures of the Army physical fitness
test or who are eliminated for cause from Noncommissioned Officer Education
System courses unless the responsible commander chooses to impose a bar to
reenlistment per AR 601-280. Service of individuals separated because of
unsatisfactory performance will be characterized as honorable or under
honorable conditions as warranted by their military records.
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 031110, with three (3) 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, D.C. on 28 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: ( ) Recharacterization ( X ) 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 incidents of unsatisfactory performance. The Board noted the
applicant’s contentions, however, the Board found a sufficient pattern of
unsatisfactory performance in his official record to warrant the separation
action under review. The Board also noted that the applicant’s
unsatisfactory performance and associated counseling occurred prior to the
unfortunate incident concerning his wife. Prior to this incident, the
applicant had an established pattern of unsatisfactory performance, to
include his numerous statements to his chain of command that he wanted a
discharge from the Army. The Board found no evidence of arbitrary or
capricious actions by the command. The Board was satisfied that all
requirements of law and regulation were met and the rights of the applicant
were fully protected throughout the separation process. 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 becoming a fully satisfactory soldier, and
the command appropriately determined the applicant did not demonstrate the
potential for further military service. The Board, being convinced that
the reason for discharge was 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 0 5
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: 2003098788 INDEX NUMBERS: A9455
Date of Review: 040728 A9307
Character of Service: HD A0113
Date of Discharge: 920909
Authority: AR 635-200 C13
Reason: A4900
Results of Board Action/
Vote/Affirmation: NC 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
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