Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060012946
Original file (AR20060012946.txt) Auto-classification: Denied
Application Receipt Date: 2006/09/18	

Prior Review    Prior Review Date: None

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

Issues: None provided

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: 050815
Discharge Received:     Date: 050831   
Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: Non-Commissioned Officer's Academy (Cadre), Fort Leonard Wood, MO 65473 

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:  840521  
Current ENL Date: 050106    Current ENL Term: 4 Years  ?????
Current ENL Service: 00 Yrs, 07Mos, 26Days ?????
Total Service:  03 Yrs, 06Mos, 19 Days ?????
Previous Discharges: RA 020212-050105/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 21B/Combat Engineer    GT: 83   EDU: HS   Overseas: SWA   Combat: Iraq 030302-040301
Decorations/Awards: GCM, NDSM, GWOTEM, GWOTSM, ASR
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:
      The evidence of record shows that on 15 August 2005, 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 for failing to obey a regulation, disobeying a lawful order from an NCO, domestic disturbance, and simple assault.  Additionally, the numerous counseling statements indicate he failed to obey lawful orders from NCOs, failed to report for duty on time several times, missed scheduled appointments, failed to follow instructions, was late for PT formations, and failed to report for corrective training. The unit commander recommended the applicant be discharged from the Army with a general, under honorable conditions discharge.  The applicant was advised of his rights, he consulted with legal counse.  He was advised of the impact of the discharge action and submitted 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.  The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.  The applicant was discharged on 31 August 2005. 

      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, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is 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, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 12 October 2007              
Location: Washington, D.C.

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: Alejandro Champin, 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: 


CHRISTINE U. MARTINSON			DATE: 12 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012946

Applicant Name:  Mr.        
______________________________________________________________________


Page 4 of 5 pages

Similar Decisions

  • ARMY | DRB | CY2007 | AR20070011421

    Original file (AR20070011421.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: Evidence of record shows that on 10 May 2004, 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 in that you made a false official statement to a SSG, (040304), failed to obey an order from a SGT (040304), disrespect to a 1SG (040305), disobeyed a direct order from a SGT (040329), showed up for formation smelling of alcohol...

  • ARMY | DRB | CY2008 | AR20080009285

    Original file (AR20080009285.txt) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and unconditionally waived her right to an administrative separation board, and did not submit a statement in her own behalf. On 19 April 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. The analyst found that the length of the applicant's service to...

  • ARMY | DRB | CY2007 | AR20070013361

    Original file (AR20070013361.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 23 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for a pattern of misconduct - disobeyed a lawful order from a NCO x 6 (070227), (070412) (070419), (070512), (070513) and (070518); disrespected a NCO x 3 (070405), (070407) and (070418), with a general under honorable conditions discharge. On 31...

  • ARMY | DRB | CY2006 | AR20060011680

    Original file (AR20060011680.txt) Auto-classification: Denied

    Current ENL Service: 00 Yrs, 09 Mos, 00 Days ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 16 February 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.

  • AF | DRB | CY2006 | AR20060016551

    Original file (AR20060016551.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. Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable.

  • ARMY | DRB | CY2006 | AR20060007009

    Original file (AR20060007009.txt) Auto-classification: Denied

    Current ENL Service: 02 Yrs, 05 Mos, 24 Days ????? On 18 January 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. 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...

  • ARMY | DRB | CY2006 | AR20060013483

    Original file (AR20060013483.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 13 September 2005, 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-commision of a serious offense for wrongfully using marijuana (between 19 April-20 May 2005), disrespectful in language towards an NCO on more than one occasion, several failures to go to appointed place of duty, and AWOL (21-23 July 2005; 7-14 August 2005),...

  • ARMY | DRB | CY2008 | AR20080012420

    Original file (AR20080012420.txt) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted, not in file, a statement in his own behalf. On 7 November 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. While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service to include his combat tour in...

  • ARMY | DRB | CY2007 | AR20070002288aC071031

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were:...

  • AF | DRB | CY2006 | AR20060016801

    Original file (AR20060016801.txt) Auto-classification: Denied

    The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a genera, under honorable conditions discharge. On 3 January 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of genera, under honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review...