DEPARTMENT OF THE ARMY
Army Discharge Review Board
1901 South Bell Street
Arlington, VA 22202-4508
25 February 2005
Office of the President
After careful review of your application, military records and all
other available evidence, the Army Discharge Review Board determined that
you were properly and equitably discharged. Accordingly, your request for
a change in the character and/or reason of your discharge is denied.
You may reapply to the Army Discharge Review Board for a personal
appearance hearing and/or you may apply to the Army Board for Correction of
Military Records. Enclosed are the necessary applications for requesting a
review from both boards. If you choose to apply to the Army Board for
Correction of Military Records you must do so within three years from the
date of this letter.
Be advised that the Army Discharge Review Board operates on a 15-year
statute of limitations from the date of discharge; therefore, you must
reapply within this time frame for a hearing.
If you believe that the decision in your case is unclear, not
responsive to the issues raised, or does not otherwise agree with the
decisional document requirements of DoD Directive 1332.28, you may submit a
complaint in accordance with Enclosure 5 of that Directive. The complaint
procedure does not permit you to challenge the merits of the decision, but
is designed solely to ensure that the decisional document meets applicable
requirements for clarity and responsiveness. You may obtain a copy of DoD
Directive 1332.28 by writing to: Army Review Board Agency, Attention:
(Reading Room), The Pentagon, Washington, DC 20310-1809.
Sincerely,
Robert L. House
Colonel, U.S. Army
President
Enclosure
MILITARY REVIEW BOARDS
Case Report & Directive
PART I - IDENTIFICATION DATA
NAME: ADDRESS:
SSN: PHONE:
COUNSEL: ADDRESS:
PHONE:
ALTERNATE PERSON(S) TO BE NOTIFIED: ADDRESS:
RELATIONSHIP: PHONE:
TYPE REPORT:
( X ) Original
( ) Addendum
REMARKS
Case Management Data
( ) Response to other correspondence required upon completion of case.
( ) DD Form 149 in file. Send case to ABCMR.
OSA FORM 172 (REVISED) 22 May 98 Cover Sheet
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): 020607
3. Authority for separation:
a. Regulation: Chapter 5-8, AR 635-200
b. Reason: Parenthood
4. Prior review(s): NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review
1. Service data: 2. Awards and
decorations:
NDSM
a. Period entered for: 4 Years ASR
b. Entry date: 990928
c. Age: 18 Years DOB: 810529
d. Educational level: GED
e. Aptitude area score:
GT: 116 3. Highest grade
achieved:
f. Length of Service: E4
2 Year(s) 8 Month(s) 10 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
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 4 June 2002, DA, HQ, U.S. Army
Europe, Mannheim Transition Center, APO AE 09086, Orders 154-02 discharged
the applicant from the Regular Army, effective 7 June 2002. 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 5-8, AR 635-200 by reason of parenthood, with a characterization of
service of general, under honorable conditions. The specific facts and
circumstances pertaining to the applicant’s discharge are not contained in
the available records.
b. On 7 June 2002, the applicant was discharged. At the time of
discharge, the applicant had completed 2 years, 8 months, and 10 days of
active military service in the period under review.
2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200
provides the basic authority for the separation of enlisted personnel.
Paragraph 5-8 provides that a soldier may be separated when parental
obligations interfere with fulfillment of military responsibilities.
Specific reasons for separation because of parenthood include inability to
perform prescribed duties satisfactorily, repeated absenteeism, late for
work, inability to participate in field training exercises or perform
special duties such as CQ and Staff Duty NCO, and nonavailability for
worldwide assignment or deployment according to the needs of the Army.
Unless reason for separation requires a specific characterization, a
soldier being separated for the convenience of the government will be
awarded a character of service of honorable, under honorable conditions or
an uncharacterized description of service if in entry-level status.
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 040610.
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 23 February
2005.
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 Board carefully examined the
available record of service during the period of enlistment under review.
The applicant’s record is void of the specific 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 applicant provided no independent
corroborating evidence demonstrating that the command’s action was
erroneous. The Board, being convinced that the reason for discharge and
the characterization of service were 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
(BD Member’s/Analyst’s Name)
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: INDEX NUMBERS: A
Date of Review: A
Character of Service: A
Date of Discharge: A
Authority: (Regulation & Chapter) A
Reason: A A
Results of Board Action/ A
Vote/Affirmation: NC 5-0 A 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 | CY2005 | AR20050002858
DEPARTMENT OF THE ARMY Army Discharge Review Board 1901 South Bell Street Arlington, VA 22202-4508 14 October 2005 Office of the President : After careful review of your application, military records and all other available evidence, the Army Discharge Review Board determined that you were properly and equitably discharged. 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:...
ARMY | DRB | CY2004 | AR20040008108
Unless reason for separation requires a specific characterization, a soldier being separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions or an uncharacterized description of service if in entry-level status. 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 -...
ARMY | DRB | CY2005 | AR20050001674
DEPARTMENT OF THE ARMY Army Discharge Review Board 1901 South Bell Street Arlington, VA 22202-4508 23 September 2005 Office of the President Dear: After careful review of your application, military records and all other available evidence, the Army Discharge Review Board determined that you were properly and equitably discharged. Unless reason for separation requires a specific characterization, a soldier being separated for the convenience of the government will be awarded a character of...
ARMY | DRB | CY2005 | AR20050002845
DEPARTMENT OF THE ARMY Army Discharge Review Board 1901 South Bell Street Arlington, VA 22202-4508 7 October 2005 Office of the President After careful review of your application, military records and all other available evidence, the Army Discharge Review Board determined that you were properly and equitably discharged. Unless reason for separation requires a specific characterization, a soldier being separated for the convenience of the government will be awarded a character of service of...
ARMY | DRB | CY2000 | 2000039839
Evidence of record shows that on 31 December 1990, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 8 AR 635-200, by reason of inability to perform prescribed duties due to parenthood, with a general discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, declined a separation medical examination and did not submit a statement in her own behalf. On 17 January 1991, the...
ARMY | DRB | CY2004 | AR20040000666
On 5 December 2002, the applicant was discharged. 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: ROBERT L. HOUSE Colonel,...
ARMY | DRB | CY2003 | 2003092081
On 3 October 2002, the applicant was discharged. 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 | CY2003 | 2003094234
This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process. The applicant’s DD Form 214 shows that the applicant was involuntarily discharged under the provisions of Chapter 5, Paragraph 5-8, AR 635-200, by reason of parenthood with a characterization of service of honorable and a reentry eligibility (RE) code of “3.” In connection with such a discharge, the applicant’s chain of command would have...
ARMY | DRB | CY2000 | 2000036124
A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990803. 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:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR Number: 2000036124 INDEX NUMBERS: A0113 Date of Review: 000330 A9405 Character of...
ARMY | DRB | CY2004 | AR2004101498
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. This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing...