Applicant Name: ?????
Application Receipt Date: 070727
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See attached DD Form 293 submitted by the Applicant. Applicant states he was not convicted of a civilian conviction, which was dismissed, but was discharged from active duty two days prior to civlian action.
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: 021030
Chapter: 14-12C AR: 635-200
Reason: Misconduct
RE: SPD: JKQ
Unit/Location: C Co, 262nd Quartermaster Bn, 23rd Quartermaster Bde, Fort Lee, VA
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 78/11
HOR City, State: Fajardo, PR
Current ENL Date: 020226 Current ENL Term: 4 Years ?????
Current ENL Service: 00 Yrs, 08 Mos, 05 Days ?????
Total Service: 00 Yrs, 08 Mos, 05 Days ?????
Previous Discharges: None
Highest Grade: E-2
Performance Ratings Available: Yes No
MOS: None GT: 84 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
Post Service Accomplishments: None listed.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 2 October 2002, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor being involved in an assault and battery case on 25 September 2002, with a general under honorable conditions discharge. The record indicates the Applicant was involved in an altercation with another Advanced Individual for Training (AIT) Soldier in an off-post hotel. The record does not include evidence of charges and/or dismissal of charges placed against the Applicant. The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty). The Applicant's DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct- serious offense). The unit commander 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 17 October 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, however, a general under honorable conditions or an honorable discharge may be granted.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the Applicants military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the Applicant's discharge. The Applicants 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 Applicants service mitigated the misconduct or poor duty performance. Therefore, the analyst determined that 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: 30 July 2008
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 0 No change 5 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. 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 discharge was both proper and equitable and voted to deny relief.
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: 30 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070010457
______________________________________________________________________
Page 1 of 4 pages
ARMY | DRB | CY2006 | AR20060008506
Facts and Circumstances: Evidence of record shows that on 21 October 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense (wrongful abuse of illgal drugs), with a general, under honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable...
ARMY | DRB | CY2006 | AR20060013153
Facts and Circumstances: The evidence of record shows that on 25 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, commission of a serious offense , Absent Without Leave from 17 July 2001 to 5 April 2004, with an under other than honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an...
ARMY | DRB | CY2006 | AR20060014822
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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an other than honorable conditions discharge. On 10 December 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other...
ARMY | DRB | CY2006 | AR20060011653
The applicant waived consultation with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under 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: 14 August...
ARMY | DRB | CY2007 | AR20070011711
Applicant Name: ????? Current ENL Service: 2 Yrs, 1 Mos, 18 Days The applicant has a period of AWOL that was not shown on her DD Form 214, item 29 (Time Lost). 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.
ARMY | DRB | CY2006 | AR20060006710
The request may be submitted at any time after charges have been preferred and must include the individuals admission of guilt. Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts...
ARMY | DRB | CY2006 | AR20060006829
The intermediate commander's reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge. The board recommended that the applicant be discharged with an under other than honorable conditions discharge. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 061207 Lieutenant Colonel, U.S. Army Chief,...
ARMY | DRB | CY2006 | AR20060013483
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 | CY2007 | AR20070016589
His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(1) by reason of misconduct, with a characterization of service of general, under honorable conditions. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions. Certification Signature...
AF | DRB | CY2006 | AR20060015486
His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(1) by reason of misconduct, with a characterization of service of under other than honorable conditions. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-commission of a serious offense, with a characterization of service of under other than honorable conditions. Certification...