DEPARTMENT OF THE ARMY
Army Discharge Review Board
1901 South Bell Street
Arlington, VA 22202-4508
6 May 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:
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: Under Other Than Honorable Conditions
2. Date of discharge (or REFRAD): 980512
3. Authority for separation:
a. Regulation: Chapter 7, AR 135-178
b. Reason: Civil Conviction
4. Prior review(s): NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review
1. Service data: 2. Awards and
decorations:
AAM(2nd Awd)
a. Period entered for: 6 Years* NDSM
b. Entry date: 860817 ASR
c. Age: 29 Years DOB: 561004
d. Educational level: HS Grad
e. Aptitude area score:
GT: NIF 3. Highest grade
achieved:
f. Length of Service: E9
11 Year(s) 8 Month(s) 25 Day(s)
4. Performance evaluations:
See OMPF
*NOTE: Extension of service and/or reenlistment contracts are not
contained
in the official record.
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
RA 750624 780623 Honorable
USAR (IRR) 780624 810623 NIF (Completion of statutory
service
Obligation)
USAR 830715 860817 N/A
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. Evidence
of record shows that on 12 May 1998, DA, HQ, 88th Regional Support Command,
Fort Snelling, MN, ORDERS 98W-132-020 discharged the applicant from the
Army Reserve, effective 12 May 1998. This discharge shows that he was
discharged under the provisions of Chapter 7, AR 135-178 by reason of
misconduct-civil conviction, with a characterization of service of under
other than honorable conditions. The specific facts and circumstances
pertaining to the applicant’s discharge are not contained in the available
records.
b. On 12 May 1998, the applicant was discharged. At the time of
discharge, the applicant had completed 11 years, 8 months, and 25 days of
military service and in the period under review and had a total of 20
years, 9 months and 28 days of military service. (NOTE: Total time in
service does not denote qualifying years for USAR retirement.)
c. The applicant submitted a copy of an order to suppress evidence
from the District Court of Keith County, Nebraska (Case No. 2317). This
order indicates that detention of the applicant was improper and all
evidence found arising from the primary illegality was suppressed. The
State of Minnesota was provided 30 days to give notice of appeal to the
court order.
2. Legal/Regulatory Basis for Separation Action: Army Regulation 135-178
(Separation of Enlisted Personnel) provides for the separation of enlisted
personnel of the Army Reserve and Army National Guard. Chapter 7 of this
regulation defines misconduct by reason of one or more of the following:
minor disciplinary infractions, a pattern of misconduct, commission of a
serious offense (to include abuse of illegal drugs,) and conviction by
civil authorities. The service of a soldier discharged for reasons
indicated in paragraph 7, will normally be characterized as under other
than honorable conditions. If warranted by the soldiers overall record, a
characterization of service of under honorable conditions may be furnished.
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 040531, with six (6) 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 4 May 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 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 Reserve. The Board noted that the applicant’s record contains a
properly constituted discharge order. This document identifies the reason
and characterization of the discharge and the Board presumed government
regularity in the discharge process. The evidence submitted by the
applicant in support of his claim is insufficient to establish that he was
unjustly or improperly discharged. The Board, being convinced that the
reason for discharge and the characterization of service were both proper
and equitable, voted to deny relief.
b. Equity: The applicant has not submitted an issue of equity
and the ADRB has not otherwise relied upon an issue of
equity to change the discharge. The major factors upon
which the discharge was based are set forth in Parts III
and IV of this decisional document.
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: 20040005159 INDEX NUMBERS: A0143
Date of Review: 050504 A9217
Character of Service: UD
Date of Discharge: 980512
Authority: AR 135-178 C7
Reason: A6100
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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