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): 010618
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:
NONE
a. Period entered for: 4 Years
b. Entry date: 990408
c. Age: 26 Years DOB: 730205
d. Educational level: HS Grad
e. Aptitude area score:
GT: NIF 3. Highest grade
achieved:
f. Length of Service: E2
2 Years 1 Month 16 Days
4. Performance evaluations:
NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued
5. Periods of unauthorized absence:
Status Inclusive dates
AWOL 000101-000103
000207-000228
Mil conf
Civil conf
Other
6. Nonjudicial punishment:
Date Offense(s)
000315 AWOL, two specifications (000102-000104)(000207-
000229)(Field Grade)
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
NONE
Other discharge(s):
Service From To Type Discharge
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 23 March 2000, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter l4, AR 635-200, by reason of
misconduct—commission of a serious offense, with an under other than
honorable conditions discharge. The specific reason for the action was the
applicant’s two incidents of AWOL (1-3 January 2000 and 7-28 February
2000). He was advised of his rights. The applicant consulted with legal
counsel, was advised of the impact of the discharge action, and did not
submit a statement in his own behalf. The applicant also requested he be
placed on indefinite excess leave pending completion of his administrative
discharge proceeding under Chapter 14, AR 635-200. His request was
approved and he was placed on excess leave status, effective 24 March 2000.
On 3 April 2001, the unit commander subsequently recommended separation
from the service and waiver of further rehabilitative efforts. On 12 April
2001, the intermediate commander reviewed the proposed discharge action and
recommended approval of the separation action with an under other an
honorable conditions discharge. On 20 May 2001, the separation authority
waived further rehabilitative efforts and directed that the applicant be
discharged with a characterization of service of under other than honorable
conditions.
b. On 19 June 2001, the applicant was discharged. At the time of
discharge, the applicant had completed 2 years, 1 month, and 16 days of
active military service (which included 452 days of excess leave) and
accrued 25 days of lost time in the period under review.
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 030925, with seven (7) enclosures.
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:
( ) Records review ( X ) Hearing
b. Type Held:
( )Records review ( X ) Hearing
( ) Tender Offer
c. Review/hearing location and date: Washington, DC on 19 July 2004.
d. Appearance by:
Applicant ( X ) Yes ( ) No
Counsel ( X ) Yes ( ) No
e. Applicant testified: ( X ) Yes ( ) No
f. Counsel presentation: ( X ) Yes ( ) No
g. Witness(es) testified: ( ) Yes ( X ) No
2. Exhibit(s) submitted at hearing: 28 documents.
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 discharge is inequitable.
b. Request: ( X ) 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.
(2) The issue is accepted. The Board carefully examined the
applicant’s record of service during the period of enlistment under review
and heard his testimony. 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. Notwithstanding the
propriety of the discharge, the Board found that the nature of the
applicant's misconduct did not rise to a level warranting the issuance of a
characterization of service of under other than honorable conditions. In
addition, the Board noted that medical evidence contained in the official
record provides substantial evidence that the applicant was hospitalized
and treated for schizophrenia while in excess leave pending separation from
the Army. Although the applicant’s service medical records were not
available for review, there is also sufficient evidence indicating that the
applicant was seen and treated for a mental disorder while he was on active
duty. Given the above factors, the Board was unable to disassociate the
applicant’s mental disorder from his period of active duty, and found that
the applicant’s mental condition mitigated the type of discharge granted.
Accordingly, the Board voted to grant relief in the form of an upgrade of
characterization of service to fully honorable and to change the narrative
reason for separation to Secretarial Authority. This action does not
entail a change in RE code.
(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.
( X ) Inequitable as to reason. Change reason to Secretarial
Authority
under Chapter 5, AR 635-200.
( ) 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 5 0
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
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
TO: ARBA Support Division-St Louis Date: 23 July 2004
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 Honorable.
( X ) Change reason and authority for discharge to
Secretarial Authority, AR 635-200.
( X ) Other (see remarks below).
Remarks: This action does not entail a change in RE code.
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: 2003099676 INDEX NUMBERS: A9406
Date of Review: 040719 A9324
Character of Service: UD A9456
Date of Discharge: 010618 A1200
Authority: AR 635-200 C14 A0100
Reason: A6730
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
ARMY | DRB | CY2003 | AR2003096740
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. 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...
ARMY | DRB | CY2003 | AR2003095548
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. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case...
ARMY | DRB | CY2000 | 2000046406
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. 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. The Board,...
ARMY | DRB | CY2003 | AR2003090613
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. 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...
ARMY | DRB | CY2003 | AR2003097384
The separation authority approved the discharge with an under other than honorable conditions discharge. The Board noted that the applicant was in entry- level status when he departed his unit in an AWOL status. 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 - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE TO: ARBA Support Division-St Louis Date: 10 June 2004 The...
ARMY | DRB | CY2001 | 2001058782
The separation authority directed that the applicant be discharged with a characterization of service of honorable. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2001058782 INDEX NUMBERS: A0113 Date of Review: 010822 A9500 Character of Service: HD Date of Discharge: 960826 Authority: AR 635-200, C16-8 Reason: A0720 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.
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 | CY2001 | 2001059062
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:GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board AR Number: 2001059062 INDEX NUMBERS: A9217 Date of Review: 010829...
ARMY | DRB | CY2003 | 2003091621
Remarks: NONE SECTION B - Prior Service Data NONEOther discharge(s): ServiceFromToType Discharge PART IV - PREHEARING REVIEWSECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances:The evidence of record shows that on 15 February 2000, 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 a general, under honorable conditions discharge. PART VII - BOARD ACTIONSECTION B -...
ARMY | DRB | CY2003 | AR2003099349
On 8 May 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. On 24 May 2000, the applicant was discharged. 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 - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE NONE SECTION B -...