DEPARTMENT OF THE ARMY
Army Discharge Review Board
1901 South Bell Street
Arlington, VA 22202-4508
16 September 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
( X ) 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): 911217
3. Authority for separation:
a. Regulation: AR 135-178
b. Reason: Misconduct-Abuse of Illegal Drugs
4. Prior review(s): NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review
1. Service data: 2. Awards and
decorations:
ARCAM(2nd Awd)
a. Period entered for: 6 Years* AFRM
b. Entry date: 840929 ASR
c. Age: 27 Years DOB: 570719 C/Ach (5)
d. Educational level: HS Grad
e. Aptitude area score:
GT: 86 3. Highest grade
achieved:
f. Length of Service: E5
7 Year(s) 2 Month(s) 19 Day(s)
4. Performance evaluations:
See OMPF
*NOTE: Applicant was a member of the Army Reserve. Last enlistment
contract
in the official record dated 840929; applicant extended his
enlistment
on 891210 for a period of one year with ETS date of 910928. The
record
does not contain any further enlistment/extension contracts.
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
USAR 780225 780309 N/A
USAR (IDT) 780310 780618 Honorable
USAR 780619 801031 Honorable
ARNGUS 801101 811120 N/A (FLARNG)
USAR 811121 840928 Honorable
(Concurrent Service)
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. All the specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records. The
evidence of record shows that the applicant was entitled to an
administrative separation board. On 2 July 1991, the board of officers
met; the applicant appeared and was represented by counsel. The board
recommended separation under the provisions of AR 135-178 by reason of
misconduct-abuse of illegal drugs, with a general, under honorable
conditions discharge. The Board further recommended that the applicant’s
discharge be suspended for a period of twelve months. On 17 December 1991,
DA, First U.S. Army and fort George G. Meade, Fort Meade, MD, Orders 183-4
discharged the applicant from the Army Reserve, effective 17 December 1991
with a general, under honorable conditions discharge.
b. On 17 December 1991, the applicant was discharged. At the time
of discharge, the applicant had completed 7 years, 2 months, and 19 days of
military service in the period under review and had a total of 13 years, 9
months and
22 days of active military service.
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 050415. with multiple 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, D.C. on 12
September 2005.
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:
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 Issues: (2) The characterization of service is too harsh.
(3) The narrative reason for 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.
(1) See Paragraph 3, below.
(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 infraction of discipline, the extent
thereof, and the seriousness of the offense. The Board does not condone
the applicant’s misconduct; however, it determined that the
characterization of service is now inequitable. Notwithstanding the
propriety of the applicant’s discharge, the Board found that the
applicant’s misconduct was mitigated by the overall length and quality of
his service and his post-service conduct and accomplishments. In view of
the foregoing, the Board voted to grant partial relief in the form of an
upgrade to the characterization of service to fully honorable.
(3) The issue is accepted. Regulations currently in effect list
the reason for the applicant’s discharge as misconduct. Accordingly, the
Board voted to change the narrative reason on the DD Form 214 to
misconduct.
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 Misconduct
under Chapter 14, 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: 16 September 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
discharge order 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
Misconduct, Chapter 14, AR 635-200.
SECTION B - CERTIFICATION
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
ESMERALDA G. PROCTOR
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: 20050005923 INDEX NUMBERS: A9406
Date of Review: 050912 A9218
Character of Service: GD A9442
Date of Discharge: 911217 A0100
Authority: AR 635-200 C7
Reason: A6770
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 | CY2005 | AR20050004301
The service of a soldier discharged for reasons indicated in paragraph 7, will normally be characterized as under other than honorable conditions. 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 Ms. McKim-Spilker Case Reviewing Official PART VIII -...
ARMY | DRB | CY1998 | 1998013766
Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. The regulation also permitted the characterization of service as under honorable conditions, but did not authorize the characterization of service as honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
ARMY | DRB | CY2004 | AR20040004755
The service of a soldier discharged for reasons indicated in paragraph 7, will normally be characterized as under other than honorable conditions. 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 Ms. McKim-Spilker Case Reviewing Official PART VIII -...
ARMY | DRB | CY1999 | 1999025120
Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. On 9 December 1995, the applicant was discharged with an under other than honorable conditions discharge, under the provisions of Chapter 7, AR 135-178, by reason of misconduct-abuse of illegal drugs. The regulation provided that the separation authority could disapprove the commander’s recommendation for discharge for misconduct and direct disposition by other means, disapprove the...
ARMY | DRB | CY1999 | 1999025023
The Board determined that the reason for discharge was proper and equitable and voted not to change it. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999025023 INDEX NUMBERS: A9218 Date of Review: 990428 A9236 Character of Service: GD A9412 Date of Discharge: 960419 A0100 Authority: AR 135-178 C7 Reason: A6730 Results of Board Action/ Vote/Affirmation: HD 3-2 A PART IX - VOTING RECORDName Reason Characterization...
ARMY | DRB | CY2001 | 2001057893
On 7 June 1999, the applicant was discharged. The regulation also permitted the characterization of service as under honorable conditions, but did not authorize the characterization of service as honorable. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY1999 | 1999023671
Accordingly, the Board voted to change the reason for separation to Secretarial Authority and the characterization of service to fully honorable. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999023671 INDEX NUMBERS: A0142 Date of Review: 990405 A0132 Character of Service: GD A9218 Date of Discharge: 971113 Authority: AR 135-178 C7 Reason: A6730 Results of Board Action/ Vote/Affirmation: HD 5-0 A PART IX - VOTING RECORDName...
ARMY | DRB | CY2001 | 2001052181
On 21 January 1998, the applicant was discharged. However, the Board determined that the reason for discharge was both proper and equitable, and voted not to change it. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY2000 | 2000046678
The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon his receiving a characterization of service or no less favorable than general, under honorable conditions and did not submit a statement in his own behalf. A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 000705. The Board carefully examined the applicant’s record of...
ARMY | DRB | CY1999 | 1999025337
A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) The Board determined that the reason for discharge was proper and equitable and voted not to change it. AR Number: 1999025337 INDEX NUMBERS: A9218 Date of Review: 990505 A9322 Character of Service: UD A0100 Date of Discharge: 951116 Authority: AR 135-178 C7 Reason: A6770 Results of Board Action/ Vote/Affirmation: GD 5-0 A PART IX - VOTING RECORDName Reason Characterization CHANGENCHONUHCNCUNCHAR 1.