Applicant Name: ?????
Application Receipt Date: 071022 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: 970226
Discharge Received: Date: 970321 Chapter: 14 AR: 635-200
Reason: Misconduct RE: SPD: JKA Unit/Location: A Btry, 6-32 FA, Fort Sill, OK
Time Lost: None
Article 15s (Charges/Dates/Punishment): 960916, uttering worthless checks, reduction to E-1 and forfeiture of 7 days pay (suspended), 7 days extra duty and 7 days restriction (Summarized).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 25
Current ENL Date: 951122 Current ENL Term: 3 Years ?????
Current ENL Service: 01 Yrs, 04 Mos, 00 Days ?????
Total Service: 05 Yrs, 08 Mos, 26 Days ?????
Previous Discharges: ARNG-901005-910625/NA
IADT-910626-911030/NA
ARNG-911101-951121/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 13M10 MLRS Crewmember GT: 90 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: Arapaho, OK
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 26 February 1997, 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, in that you did for from (960422) attended awareness counseling to (970123), he was counseled numerous times for indebtedness, during this time, despite having financial counseling classes in (9706), his financial situation has progressively gotten worse. He was also counseled on four occasions for failure to report, 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 did not submit 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 7 March 1997, 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 an approved Bar to Reenlistment dated 20 October 1996.
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. 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: 17 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 AR20070014753
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2010 | AR20100015652
Facts and Circumstances: The evidence of record shows that on 13 September 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Section II, AR 635-200, by reason of a conviction by a civilian court on (950627) for trafficking illegal drugs, with an under other than honorable conditions discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records, and the issue...
ARMY | DRB | CY2008 | AR20080013741
Facts and Circumstances: Evidence of record shows that on 8 April 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for wrongful use of marijuana (941219), with an under other than honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the...
ARMY | DRB | CY2009 | AR20090010000
Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 081203 Chapter: 14-12c(1) AR: 635-200 Reason: Misconduct (Desertion) RE: SPD: JKF Unit/Location: Company A, 1st Battalion, 279th Infantry, Tulsa, OK Time Lost: AWOL x 1 for 161 days from (080108-080618). Therefore, based on the available evidence in the record and the issue submitted by the applicant, the analyst presumes government regularity in the discharge process and...
ARMY | DRB | CY2006 | AR20060009818
Current ENL Service: 01 Yrs, 03 Mos, 06 Days ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 21 April 2005, 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 | AR20080005094
Facts and Circumstances: The evidence of record shows that on 12 December 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for failure to qualify with his assigned rifle, with a general under honorable conditions discharge. By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service....
ARMY | DRB | CY2009 | AR20090004635
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 15 February 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for willfully disobeying a lawful command (991109); disrespectful in deportment toward an NCO (990613); and indecent exposure (990713); with a general, under honorable conditions discharge. However, in review of...
ARMY | DRB | CY2010 | AR20100025929
Facts and Circumstances: The evidence of record shows that on 11 May 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct, in that he did on diverse occasions, failed to report to his appointed place of duty between (100210-100325), with a general, under honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended...
ARMY | DRB | CY2008 | AR20080008811
Facts and Circumstances: The evidence of record shows that on 24 October 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor wrongfully using marijuana, making a false official statement and attempting to defraud the Federal Government, with a general under honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and...
ARMY | DRB | CY2007 | AR20070017790
The Board recommended separation with a under other than honorable conditions discharge. The record contains a Army Board of Review for Elimination case dated 070409. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 080208 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070017790 Applicant...
ARMY | DRB | CY2008 | AR20080004745
Applicant Name: ????? On 30 January 1996, the separation authority approved the Chapter 10 request with an under other than honorable conditions 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: ?????