Application Receipt Date: 070322
Prior Review Prior Review Date: 011203/Records Review
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting documents.
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: 991222
Discharge Received: Date: 010627
Chapter: 14 AR: 600-200
Reason: Misconduct
RE: SPD: JKD
Unit/Location: C Company 2nd Battalion, 19th Infantry Battalion, Fort
Benning, GA
Time Lost: Absent without Leave (AWOL) a total of 53 days; 25 days (990621-
990715), 5 days (991007-991011), and 23 days (991024-991115). The
applicant surrended to military authorties all three time at Fort Benning,
GA, however, after returning from the last period of AWOL the applicant was
transferred to Fort Knox, KY.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 780202
Current ENL Date: 990203 Current ENL Term: 03 Years
Current ENL Service: 02 Yrs, 03Mos, 02Days (Includes 553 days of excess
leave 991223-010627)
Total Service: 02 Yrs, 03Mos, 02Days
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: None GT: 95 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: Completed the Commercial Drivers- CDL "A"
Course with Smith and Solomon Driver Training School.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 22 December 1999, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of
a serious offense (going AWOL from on or about 21 June 1999 to on or about
16 July 1999, 7 October 1999 to on about 12 October 1999, and 24 October
1999 to on or about 16 November 1999), with an under other than honorable
conditions discharge. He was advised of his rights. The applicant
consulted with 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 on 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 an
under other than honorable conditions discharge. On 14 June 2001, 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 and that he be reduced to private/E1.
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,
documents, 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: 15 October 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel:
Witnesses/Observers:
Exhibits Submitted:
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
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:
Other:
RE Code:
Grade Restoration: No Yes Grade:
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 19 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
AF | DRB | CY2007 | AR20070004594
The applicant consulted with 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 on his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: ?????
ARMY | DRB | CY2006 | AR20060010083
Current ENL Service: 02 Yrs, 03Mos, 02Days ????? The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 20 July 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND...
ARMY | DRB | CY2008 | AR20080016132
Applicant Name: ????? The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf. On 25 November 2002, 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.
ARMY | DRB | CY2008 | AR20080004338
Accordingly, the analyst recommends to the Board that the applicants characterization be upgraded to fully honorable. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service is too harsh and as a result it now is inequitable, based on the applicant's post service...
ARMY | DRB | CY2008 | AR20080012681
Applicant Name: ????? It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2010 | AR20100022514
Applicant Name: ????? First, I'm not sure why I was discharged. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 031224 Chapter: 5-11 AR: 635-200 Reason: Failure to Meet Procurement Medical Fitness Standards RE: SPD: JFW Unit/Location: A Co, 2/54th Inf, Fort Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV.
ARMY | DRB | CY2006 | AR20060009856
Original Character of Discharge Unit CDR Recommended Discharge: Date: 990217 Discharge Received: Date: 990910 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: D Troop, 1st Squadron, 16th Cavalry Regiment, Fort Knox, KY Time Lost: Absent without leave (AWOL) for a total of 40 days (980707-980815). On 16 August 1999, the separation authority approved the discharge with an under other than honorable conditions discharge. Board Discussion,...
ARMY | DRB | CY2007 | AR20070012997
Applicant Name: ????? Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial.
ARMY | DRB | CY2008 | AR20080005815
On 7 June 2007, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants available military records during the period of enlistment under review, the issues and documents...
ARMY | DRB | CY2007 | AR20070009638
Applicant Name: ????? Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge.