Search Decisions

Decision Text

ARMY | DRB | CY2007 | AR20070015569
Original file (AR20070015569.txt) Auto-classification: Approved
Applicant Name:  ?????

Application Receipt Date: 071101	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 931010
Discharge Received: 			   Date: 931110   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: D Co, 1-5 IN Bn, APO AP 96224 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 900529    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 05Mos, 12Days ?????
Total Service:  		03 Yrs, 05Mos, 12Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11M10 Fighting Vehicle Infantryman   GT: 89   EDU: HS Grad   Overseas: Southwest Asia/Korea   Combat: Saudi Arabia (921020-921220)
Decorations/Awards: NDSM, SWASM-1 BSS, ASR

V.  Post-Discharge Activity
City, State:  Perry, FL
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 October 1993, 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 uttering 13 worthless checks between (930622-930806), totaling $3,800 and all except one of these checks was in the amount $300; 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, waived his right to an administrative separation board 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 19 October 1993, 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 5 August 1993.
       
       The applicant's record contains a DA Form 4187 dated 5 August 1991, which shows that the applicant was reduced to E-1 by Article 15.  However, that document is not part of the available record.

       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 applicant’s military records during the priod of enlistment under review, the isues and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service is too harsh, and as a result it is inequitable.  The analyst found that the length of the applicant's service (i.e., served 03 Yrs, 05 Mos, 12 Days of a 4 year enlistment contract) to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 24 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 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 characterization of service is too harsh and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. 











        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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 AR20070015569
______________________________________________________________________________


Page 1 of 3 pages

Similar Decisions

  • AF | DRB | CY2006 | AR20060015809

    Original file (AR20060015809.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 3 May 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-for wrongfully using cocaine with a general, under honorable conditions discharge. 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. On 2 June 2005, the separation authority waived...

  • ARMY | DRB | CY2009 | AR20090006615

    Original file (AR20090006615.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 29 October 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by reason of pattern of misconduct in that he disrespected a superior noncommissioned officer, twice breaking restriction imposed by a CG and FG Article 15, with a general, under honorable conditions discharge. Board Discussion, Determination, and Recommendation After...

  • AF | DRB | CY2006 | AR20060016055

    Original file (AR20060016055.txt) Auto-classification: Denied

    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. Therefore, the analyst determined the reason for discharge and the characterization of...

  • ARMY | DRB | CY2006 | AR20060012037

    Original file (AR20060012037.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 26 March 2001, 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 (receiving two Article 15's and being counseled several times for misconduct within a six month time frame), with a general, under honorable conditions discharge. The applicant waived legal counsel, was advised of the impact of the discharge action,...

  • ARMY | DRB | CY2009 | AR20090002415

    Original file (AR20090002415.txt) Auto-classification: Denied

    Applicant Name: ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 8 March 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 | AR20080019080

    Original file (AR20080019080.txt) Auto-classification: Denied

    He also stated that he did not like being tied down to the military and that he didn't want the military interferring with his personal life , with an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issue submitted with the application, the analyst noted from the evidence of record that the applicant received an uncharacterized separation while in an entry-level status (ELS). Board...

  • ARMY | DRB | CY2007 | AR20070014054

    Original file (AR20070014054.txt) Auto-classification: Denied

    Applicant Name: Application Receipt Date: 2007/1010 Prior Review: Prior Review Date: NA I. Facts and Circumstances: The evidence of record shows that on 5 October 1993, 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 abuse of illegal drugs and for driving while drunk, with a general under honorable conditions discharge. The applicant consulted with legal counsel, was advised of the...

  • ARMY | DRB | CY2010 | AR20100013535

    Original file (AR20100013535.txt) Auto-classification: Denied

    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. The Board found that the length and quality of the applicant's service to include her combat service, and her post service accomplishment, mitigated the discrediting entries in her service record. Board Action...

  • ARMY | DRB | CY2009 | AR20090013182

    Original file (AR20090013182.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 12 October 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-5, AR 635-200, by reason of misconduct —for being convicted by a civil court of aggravated assault with bodily injury with a deadly weapon (060629), with a general, under honorable conditions discharge. On 11 January 2007, the separation authority waived further rehabilitative efforts and...

  • ARMY | DRB | CY2008 | AR20080013706

    Original file (AR20080013706.txt) Auto-classification: Denied

    Applicant Name: ????? 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. 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...