Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060009213
Original file (AR20060009213.txt) Auto-classification: Denied
Application Receipt Date: 060627	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See 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: 020313
Discharge Received:     Date: 020326   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: A Company, 1st Battalion, 34th Armor, Fort Riley, KS  66442 

Time Lost: AWOL, for a total of 29 days from (010629-010727)

Article 15s (Charges/Dates/Punishment): 010914, AWOL, from (010629-010728), (Field Grade)

The suspension of the punishment of forfeiture of $521.00 pay per month for 2 months imposed on (010914) was vacated, effective (011030) based on the applicant's offense of failing to go to his appointed place of duty (011019)

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  790730  
Current ENL Date: 990909    Current ENL Term: 3 Years  ?????
Current ENL Service: 2 Yrs, 5 Mos, 19 Days ?????
Total Service:  2 Yrs, 5 Mos, 19 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 19K10 M1 Armor Crewman   GT: 103   EDU: HS Grad   Overseas: Korea (000207-010206)   Combat: None
Decorations/Awards: AAM, ASR, OSR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 13 March 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (you received an Article 15 for for being absent without leave for 30 days. Also, you have been counseled on disrespect to a non-commissioned officer, breaking restriction, dereliction of duty and failure to go to your appointed place of duty), with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived 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 13 March 2002, 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, and 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: 30 May 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 both proper and equitable, voted to deny relief.  
























Case report reviewed and verified by: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 8 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009213

Applicant Name:  Mr.       
______________________________________________________________________


Page 6 of 6 pages

Similar Decisions

  • ARMY | DRB | CY2008 | AR20080008793

    Original file (AR20080008793.txt) Auto-classification: Denied

    The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 29 April 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change...

  • AF | DRB | CY2006 | AR20060017136

    Original file (AR20060017136.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 24 December 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct, with a general, under honorable conditions discharge. On 31 December 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions discharge. ...

  • ARMY | DRB | CY2007 | AR20070011755

    Original file (AR20070011755.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 12 April 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of misconduct for receiving two company grade Article 15s for failure to report X 6 and failure to pay just debt (010801) and failure to report X 3 (020401), with a general under honorable conditions discharge. On 25 April 2002, the separation authority...

  • ARMY | DRB | CY2008 | AR20080002969

    Original file (AR20080002969.txt) Auto-classification: Approved

    Application Receipt Date: 2008/02/22 Prior Review Prior Review Date: None I. On 15 August 2007, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: E-4 XI.

  • ARMY | DRB | CY2012 | AR20120007107

    Original file (AR20120007107.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 15 August 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct, commission of a serious offense, for wrongfully using a controlled substance, to wit: marijuana (001203 – 010101) and (010519 – 010619) , with a general, under honorable conditions discharge. On 27 August 2001, the separation...

  • ARMY | DRB | CY2006 | AR20060015478

    Original file (AR20060015478.txt) Auto-classification: Denied

    Current ENL Service: 01 Yrs, 01 Mos, 29 Days Item 12c on DD Form 214, net active service this period is incorrect, should read 01 Yrs, 01 Mos, 29 Days. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 28 November 2007 Lieutenant Colonel, U.S....

  • ARMY | DRB | CY2006 | AR20060009770

    Original file (AR20060009770.txt) Auto-classification: Denied

    Were Proper Discharge and Separation Authority procedures followed? Chapter 3, Section IV, establishes policy and procedures for separating members with a dishonorable or bad conduct discharge; and provides that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial; and that the appellate review must be completed and the affirmed sentence ordered duly executed. Certification Signature and Date Approval Authority: MARK E....

  • ARMY | DRB | CY2009 | AR20090009823

    Original file (AR20090009823.txt) Auto-classification: Approved

    Facts and Circumstances: The evidence of record shows that on 5 March 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for pattern of misconduct in that she was AWOL (020703-020709) and failed to report on numerous occasions, with a general, under honorable conditions discharge. On 23 March 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action,...

  • ARMY | DRB | CY2009 | AR20090020004

    Original file (AR20090020004.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 25 October 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he wrongfully used marijuana on or between (010728-010828); and was AWOL from (010706-010826), with an under other than honorable conditions discharge. On 25 October 2001, the applicant consulted with legal counsel, was...

  • ARMY | DRB | CY2008 | AR20080007222

    Original file (AR20080007222.txt) Auto-classification: Denied

    Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the Applicant II. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The available record also includes a counseling statement dated 4 September 2001 indicating the applicant failed to report for a unit wide urinalysis test after he was called and directed by a noncommissioned officer.