Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060010208
Original file (AR20060010208.txt) Auto-classification: Denied
Application Receipt Date: 060720	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and letter of support.

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: NIF
Discharge Received:     Date: 010314   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: 3 RAR SQ 03 TROOP L FC, Fort Carson, CO  80913 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  770728  
Current ENL Date: 980616    Current ENL Term: NIF Years  ?????
Current ENL Service: 02 Yrs, 08Mos, 29Days ?????
Total Service:  02 Yrs, 08Mos, 29Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 19D10 (Cavalry Scout)   GT: 90   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: AFEM, Nato Medal
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Applicant enlisted in the Louisiana Army National Guard on (050826), for a period of 2 years, giving him a ETS of (070825).

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct-pattern of misconduct with a characterization of service of general, under honorable conditions and a reeentry eligibility code of 3.  Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., misconduct-pattern of misconduct.)  

      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 available records for the period of enlistment under review, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, Paragraph 12b by reason of misconduct-pattern of misconduct with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the reason for discharge and the characterization of service remains both proper and equitable.    

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 18 July 2007              
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 1    No change 4   - Character
		 			      Change 0    No change 5   - 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, and voted to deny relief.





















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: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 31 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060010208

Applicant Name:  Mr.       
______________________________________________________________________


Page 5 of 5 pages

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060011550

    Original file (AR20060011550.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. 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, and voted to deny relief. ...

  • ARMY | DRB | CY2009 | AR20090003992

    Original file (AR20090003992.txt) Auto-classification: Denied

    Applicant Name: ????? 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 Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2009 | AR20090006076

    Original file (AR20090006076.txt) Auto-classification: Denied

    Applicant Name: ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. 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 | CY2009 | AR20090007728

    Original file (AR20090007728.txt) Auto-classification: Denied

    Applicant Name: ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2006 | AR20060000124C080324

    Original file (AR20060000124C080324.doc) Auto-classification: Denied

    The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available records for the period of enlistment under review, the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. That DD Form 214 indicates that...

  • ARMY | DRB | CY2007 | AR20070010878

    Original file (AR20070010878.txt) Auto-classification: Denied

    On 1 June 2001, the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board. The board recommended that the applicant be separated from the service with a characterization of service of general, under honorable conditions. On 7 November 2001, in a memorandum from the Staff Judge Advocate to the separation authority recommends that he approve the administrative board recommendation directing that the applicant be separated from...

  • ARMY | DRB | CY2009 | AR20090002093

    Original file (AR20090002093.txt) Auto-classification: Denied

    Applicant Name: ????? Application Receipt Date: 2009/01/05 Prior Review: Prior Review Date: NA I. On 18 October 2007, 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 | CY2009 | AR20090017630

    Original file (AR20090017630.txt) Auto-classification: Denied

    Applicant Name: ????? The applicant waived legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. On 18 April 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.

  • ARMY | DRB | CY2006 | AR20060008931

    Original file (AR20060008931.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 21 September 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. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge...

  • ARMY | DRB | CY2006 | AR20060008618

    Original file (AR20060008618.txt) Auto-classification: Denied

    On 17 March 2006, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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 narrative reason for discharge was both proper and equitable and voted not to change it....