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): 030801
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:
BSM AFEM OSR (3)
a. Period entered for: Indefinite ARCOM (4) SWASM w/2BSS
b. Entry date: 020821 AAM (5) HSM KLM
(SA)
c. Age: 40 Years DOB: 611213 GCMDL (5) NCOPDR-3
d. Educational level: Col Grad NDSM (2) ASR
e. Aptitude area score:
GT: 117 3. Highest grade
achieved:
f. Length of Service: E7
0 Years 11 Months 1 Day
4. Performance evaluations:
See OMPF (fiche)
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)
_____________________________
Memorandum of Reprimand:
Date Offense(s)
030513 Violation of the installation regulation on inappropriate
behavior, verbal abuse, and hazing of Initial Entry Training
(IET) soldiers by verbally abusing his IET soldiers using
language that was vulgar, obscene, profane, sexual,
humiliating, gender-specific, and ethnically-slanted (GOMOR)
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
USAFR 830527 831014 Honorable
USAR 860206 870427 Honorable
USAR 870428 870817 NA
RA 870818 910627 Honorable
RA 910628 970501 Honorable
RA 970502 020820 Honorable
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 15 May 2003, 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 reasons for the proposed action were his offense of violating a lawful
installation regulation by using profane, sexual, and humiliating language
toward trainees, including but not limited to physical abuse. He was
advised of his rights. On 16 May 2003, 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. He requested consideration of his
case by an administrative separation board with personal appearance and
representation by military counsel. The unit commander subsequently
recommended separation from the service and waiver of further
rehabilitative efforts. On 21 May 2003, the intermediate commanders
reviewed the proposed discharge action and recommended approval of the
separation action with an under other than honorable conditions discharge.
On 22 May 2003, the separation authority referred the case to an
administrative separation board. On 27 May 2003, the applicant
acknowledged receipt of the notification to appear before an administrative
separation board. On 18 June 2003, an administrative separation board
conducted the proceedings in the applicant’s case. The applicant was
present with military counsel. Based on its findings, the Board
recommended separation with a characterization of service of general, under
honorable conditions. On 7 July 2003, the proper legal authority reviewed
the elimination proceeding and found it to be legally sufficient. On 11
July 2003, the separation authority approved the Board’s findings and
recommendations. The separation authority waived further rehabilitative
efforts and directed the discharge of the applicant with a characterization
of service of general, under honorable conditions.
b. On 1 August 2003, the applicant was discharged. At the time of
discharge, the applicant had completed 11 months and 1 day of active
military service in the period under review and had a total of 17 years, 5
months, and 26 days of total military service.
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 , with -----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:
( ) Records review ( X ) Hearing
b. Type Held:
( )Records review ( X ) Hearing
( ) Tender Offer
c. Review/hearing location and date: Washington, DC on 4 October
2004.
d. Appearance by:
Applicant ( X ) Yes ( ) No
Counsel ( ) Yes ( X ) No
e. Applicant testified: ( X ) 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:
( X ) Additional issue(s) identified during review/hearing as
follows:
Board Issue: (7) 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 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), and (6) See response to issue (7) below.
(2), (4), and (5) The issues are rejected. The matters addressed
by these issues do not fall within the purview of this Board. These
matters should be addressed to the Army Board for Correction of Military
Records (ABCMR). The Board noted that the applicant has submitted a DD
Form 149 (i.e., application to the ABCMR) with this request. Upon final
adjudication of the applicant’s request before the Army Discharge Review
Board, his records will be forwarded to the ABCMR for action.
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.
(7) 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 alleged infractions of discipline
resulting in the applicant’s separation from service. Notwithstanding the
propriety of the separation action under review, the applicant presented
creditable testimony and numerous statements on his behalf that challenge
the veracity of the allegations of misconduct made against him. In view of
the applicant’s otherwise stellar service, the Board determined that the
discharge was and is inequitable. Accordingly, the Board voted to grant
partial relief in the form of an upgrade of characterization of service to
fully honorable and a change to the narrative reason for separation to
Secretarial Authority. This action entails a change to the RE code to “1.”
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 .
( ) 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
MR. RIVERA
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
TO: ARBA Support Division-St Louis Date: 8 October 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 entails a change in 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: 2004102351 INDEX NUMBERS: A9236
Date of Review: 041004 A9218
Character of Service: GD A1200
Date of Discharge: 030801 A9445
Authority: AR 635-200 C14
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
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