Applicant Name: ?????
Application Receipt Date: 071101 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.
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: 990112
Discharge Received: Date: 990207 Chapter: 14 AR: 635-200
Reason: Misconduct RE: SPD: JKQ Unit/Location: B Btry, 1-6 FA, APO AE 09139
Time Lost: None
Article 15s (Charges/Dates/Punishment): 981221, driving while drunk (981113), reduction to E-1, forfeiture of $450 x 2, restriction for 45 days; extra duty for 45 days and a written reprimand (FG).
980925, disobeyed an order not to consume alcohol while enrolled in the Community Counseling Center on (980923 and 980924), 14 days extra duty and 14 days restriction (Summarized).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 20
Current ENL Date: 970311 Current ENL Term: 4 Years ?????
Current ENL Service: 01 Yrs, 11Mos, 17Days ?????
Total Service: 01 Yrs, 11Mos, 17Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 63D10 Self Propelled FA System Mechanic GT: 105 EDU: HS Grad Overseas: Germany Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: Kentwood, MI
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 12 January 1999, 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 being counseled numerous times for substandard performance; received a Summarized Article 15 for disobeying a lawful order (980925); and received a Field Grade Article 15 for driving drunk (981221), 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. 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 14 November 1998.
The applicant's record contains a General Officer Memorandum of Reprimand dated 1 December 1998, for driving drunk (Administrative).
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 during the period of enlistment under review, 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: 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 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 AR20070015573
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080005610
Facts and Circumstances: The evidence of record shows that on 6 June 2005, 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 being derelict in the performance of his duty (040908), failing to go to his prescribed appointed place of duty X 4 (040927, 050212, 050212, and 050412), disrespectful in deportment towards a noncommissioned officer (040927), writing...
ARMY | DRB | CY2009 | AR20090001571
Facts and Circumstances: The evidence of record shows that on 6 October 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconductfor misconduct, abuse of illegal drugs, with a recommendation to retain her in the United States Army. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of...
ARMY | DRB | CY2007 | AR20070009962
Facts and Circumstances: Evidence of record shows that on 27 February 2006, 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 for failure to obey lawful general orders and regulations, 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...
ARMY | DRB | CY2006 | AR20060012060
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did 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. On 20 May 2006, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2009 | AR20090014539
Applicant Name: ????? On 27 June 1996, the separation authority waived further rehabilitative efforts 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM...
ARMY | DRB | CY2009 | AR20090007524
Applicant Name: ????? By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of service below that meriting a fully honorable 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 | CY2006 | AR20060011683
Facts and Circumstances: Evidence of record shows that on 5 December 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconductpattern of misconduct (wrongful use of marijuana and driving under the influence of alcohol), with a general, under honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a...
ARMY | DRB | CY2007 | AR20070010890
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD form 293 and attached documents submitted by the applicant. Current ENL Service: 00 Yrs, 11Mos, 07Days ????? 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.
ARMY | DRB | CY2008 | AR20080014132
On 10 December 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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...
ARMY | DRB | CY2009 | AR20090008676
Application Receipt Date: 2009/04/28 Prior Review: Prior Review Date: NA I. On 19 June 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. However, in review of the applicants entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted, the applicant fully...