Applicant Name: ?????
Application Receipt Date: 070830 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 submitted by the applicant.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: No
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 991014 Chapter: 14 AR: 635-200
Reason: Misconduct RE: SPD: JKA Unit/Location: 502nd MI Co, Fort Polk, LA 71459
Time Lost: None
Article 15s (Charges/Dates/Punishment): 980430, failure to report x 4 (980311), (980323), (980408) and (980420), reduction to E-1 and forfeiture of $242 x 1 both (suspended), extra duty for 14 days and restriction for 14 days (CG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 970910 Current ENL Term: 3 Years ?????
Current ENL Service: 02 Yrs, 01Mos, 05Days ?????
Total Service: 02 Yrs, 01Mos, 05Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 92G10 Food Service Spec GT: 94 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: Midland City, AL
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct for dereliction of duty x 2 (980401) and (990515), received a Company Grade Article 15 for failure to report x 4 (980430); failure to report x 14 (980706), (980728) (990105), (990202), (990223), (990224), (990322), (990323), (990514), (990518), (990603), (990610), (990621) and (990622), uttered worthless checks x 10 (981228), (981230), (990104), (990105), (990106), (990108), (990112), (990515), (990517) and (990517), failed to pay just debt x 2 (990203) and (990511), and received a Company Grade Article 15 (990511) for AWOL (990413-990414), with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, 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. On 29 September 1999, 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's record contains a Military Police Report dated 25 September 1998.
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 applicants military records during the period of enlistment under review and the issues 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. Furthermore, the analyst noted the applicant's issue; however, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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: 10 September 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. 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.
IX. Board Decision XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070012121
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2009 | AR20090010810
Applicant Name: ????? Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2008 | AR20080020087
Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: Date: 080911 Discharge Received: Date: 081009 Chapter: 14-12c AR: 635-200 Reason: Misconduct, (Serious Offense) RE: SPD: JKQ Unit/Location: HHC, 40th EN Bn, APO AE 09034 Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): The applicant's defense counsel mentions in a memorandum the applicant pled guilty at a Summary Court-Martial for driving under the influence of...
AF | DRB | CY2006 | AR20060015817
Facts and Circumstances: Evidence of record shows that on 28 September 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 commission of a serious offense for wrongful use of marijuana (050503-050602), with an honorable discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicant's record of service during the period of enlistment under review and...
ARMY | DRB | CY2008 | AR20080003462
On 21 August 2006, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Accordingly, the analyst recommends that the applicants characterization of service 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,...
ARMY | DRB | CY2009 | AR20090012191
A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in his/her service that warrant such characterization c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the period of enlistment under review, the documents, and the issues submitted with the application, the analyst found no mitigating...
ARMY | DRB | CY2009 | AR20090000312
Applicant Name: ????? On 18 January 2008, the separation authority approved the recommendation of the administrative separation board 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...
ARMY | DRB | CY2007 | AR20070013317
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.
ARMY | DRB | CY2008 | AR20080009855
Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: NIF Date: NIF Discharge Received: Date: 071126 Chapter: 14 AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: A Co, 120th AG Bn, Fort Jackson, SC Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. The evidence of record shows that the applicant, while in entry-level status, was discharge from the...
ARMY | DRB | CY2009 | AR20090000355
The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. On 1 April 2005, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The evidence of record shows...
AF | DRB | CY2006 | AR20060015487
Facts and Circumstances: Evidence of record shows that on 20 January 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, AR 635-200, by reason of fraudulent entry, by having a minor dependant, which she had custody of by court order, the applicant arranged for temporary care of the child with the intent to regain custody at her duty station, with an general, under honorable conditions discharge. The intermediate commander...