DEPARTMENT OF THE ARMY
Army Discharge Review Board
1901 South Bell Street
Arlington, VA 22202-4508
29 April 2005
Office of the President
The Army Discharge Review Board reviewed your case and determined
that relief is warranted. The Board has directed the ARBA Support
Division, St. Louis, MO, to take action as indicated on the enclosed OSA
Form 172, Case Report and Directive. This document reflects the findings,
conclusions, and reasons for the Board's decision. The official
notification of any change to your official military personnel record,
including the appropriate documentation, will be mailed to you by the ARBA
Support Division.
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. You should
read Enclosure 5 of that directive before submitting a complaint. 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: DA Review Boards
Agency, Attention: (Reading Room), The Pentagon, Washington, DC 20310-
1809.
Should you have any questions relating to the documentation
implementing the Board's decision, you should contact: ARBA Support
Division, ATTN: SFMR-RBL-SL, 9700 Page Avenue, St. Louis, Missouri, 63132-
5200.
Sincerely,
Robert L. House
Colonel, U.S. Army
President
Enclosure
MILITARY REVIEW BOARDS
Case Report & Directive
PART I - IDENTIFICATION DATA
NAME: ADDRESS:
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: Honorable
2. Date of discharge (or REFRAD): 920219
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:
AAM(3rd Awd) ARCOTR
a. Period entered for: 4 Years* GCMDL OSR
b. Entry date: 870813 NDSM
c. Age: 18 Years DOB: 690414 NCOPDR
d. Educational level: HS Grad ARCAM
e. Aptitude area score: ASR
GT: 109 3. Highest grade
achieved:
f. Length of Service: E4
4 Year(s) 6 Month(s) 7 Day(s)
4. Performance evaluations:
NONE
*NOTE: Period of extension – 7 months to complete normal overseas tour in
Hawaii.
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 5 February 1992, DA, HQ, Tripler
Army Medical Center, Tripler AMC, Hawaii, Orders 25-5 released the
applicant from active duty, effective 19 February 1992. His orders show
that he was entitled to benefits under the Transition Assistance Management
Program (medical care until 20 April 1992, and PX/commissary privileges
until 20 February 1994). 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 13, AR 635-200 by reason of
unsatisfactory performance with an honorable discharge. He was transferred
to the Individual Ready Reserve for completion of his statutory military
service obligation. The specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records.
b. On 19 February 1992, the applicant was discharged. At the time
of discharge, the applicant had completed 4 years, 6 months, and 7 days of
active military service in the period under review.
c. Evidence of record shows that the applicant enlisted in the Army
Reserve for a period of 6 years on 29 November 1994. On 25 June 1996, he
was honorably discharged from the USAR upon his enlistment in the Air
National Guard.
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 040727.
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: Chicago, IL on 19 April 2005.
d. Appearance by:
Applicant ( X ) Yes ( ) No
Counsel ( ) Yes ( X ) No
e. Applicant testified: ( X ) Yes ( ) No
f. Counsel presentation: ( ) Yes ( X ) No
g. Witness(es) testified: ( X ) Yes ( ) 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: (4) The narrative reason for discharge is
inequitable.
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 parenthetical number(s) below correspond(s) to
the issue number(s) on the DD Form 293, or in Part VI,
Paragraph 1, above.
(1-3) See Paragraph 3, below.
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.
(4) 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 incidents of unsatisfactory
performance. Notwithstanding the propriety of the applicant’s discharge,
the Board found that the narrative reason for discharge is now inequitable.
The Board found that the narrative reason for separation was mitigated by
the nature of the offenses, the time that has elapsed since the applicant’s
discharge, and his post-service accomplishments. Accordingly, the Board
voted to grant full relief in the form of a change to the narrative reason
for separation to Secretarial Authority. This action entails a change in
the RE code to “1.”
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 issues 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 .
( X ) Equitable.
( ) Inequitable as to characterization. Change characterization to
.
( 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 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
TO: ARBA Support Division-St Louis Date: 29 April 2005
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 reason and authority for discharge to
Secretarial Authority, AR 635-200.
( X ) Other (see remarks below).
Remarks: Change RE code to 1.
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: 20040004518 INDEX NUMBERS: A9456
Date of Review: 050419 A1200
Character of Service: HD A0100
Date of Discharge: 920219
Authority: AR 635-200 C13
Reason: A4900
Results of Board Action/
Vote/Affirmation: MD 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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