Application Receipt Date: 051230
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293.
II. Were Proper Discharge and Separation Authority procedures followed?
Yes No Tender Offer:
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: 010824
Discharge Received: Date: 010911
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKA
Unit/Location:
Time Lost: None
Article 15s (Charges/Dates/Punishment): 010214/Destruction of personal
property, two counts of assault, two counts of drunk and disorderly and
wrongful use of another Soldiers phone/FG
The suspension of the punishment of reduction to private E1 imposed on
010214 was vacated, effective 010328 based on the applicant's offense of
failure to be at his appointed place of duty on 010304 and 010315.
010518/Failure to obey a lawful order from a NCO on several occasions/CG
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 800706
Current ENL Date: 991119 Current ENL Term: 05 Years
Current ENL Service: 01 Yrs, 09Mos, 23Days
Total Service: 01 Yrs, 09Mos, 23Days
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 97B10 (Counterintelligence Agent) GT: 112 EDU: HS Grad Overseas:
Korea Combat: None
Decorations/Awards: ASR, OSR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: Volunteer Fireman
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 24 August 2001, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter 14, AR 635-200, by reason of misconduct—patterns of
misconduct (failure to obey a lawful order from a NCO on several occasions,
receiving a field grade Article 15 for destruction of personal property,
two counts of assault, two counts of drunk and disorderly, and several
occasions of not being at his appointed place of duty), with a general,
under honorable conditions discharge. He was advised of his rights. 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. The
unit commander subsequently recommended separation from the service and
waiver of further rehabilitative efforts. The intermediate commander
reviewed the proposed discharge action and recommended approval of the
separation action with a general, under honorable conditions discharge. On
30 August 2001, the separation authority waived further rehabilitative
efforts and directed that the applicant be discharged with a
characterization of service of general, under honorable conditions.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel. Chapter 14 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.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicant’s military records, the
discharge is improper. The analyst noted that the unit commander used
“Board Procedures” when notifying the applicant that he was initiating
action to separate him under the provisions of Chapter 14, AR 635-200, by
reason of misconduct. By using “Board Procedures” the authority for
approval of the applicant’s separation rested with the General Court-
Martial Convening Authority. The evidence of record shows that someone
other than the General Court-Martial Convening Authority approved the
applicant’s discharge. In view of the foregoing, the discharge was
improper. Accordingly, full relief in the form of an upgrade of the
characterization of service to fully honorable and a change to the
narrative reason for separation to Secretarial Authority is recommended to
the Board. This action does not entail a change to the reentry eligibility
(RE) code; however, the Board can consider it.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 061108
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change No change (Character)
Change No change (Reason)
(Board member names available upon
request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the
period of enlistment under review and considering the analyst’s
recommendation and rationale, the Board determined that the discharge was
and is improper. Accordingly, the Board voted to grant full 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 does entail a change to the reentry eligibility code to (1).
Case report reviewed and verified by: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: Secretarial Authority under Chapter 5 AR 635-200.
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
ESMERALDA G. PROCTOR DATE: 061113
Colonel, U.S. Army
Chief, Secretary Recorder
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