Applicant Name:
Application Receipt Date: 2007/11/28 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant requested, "change to Honorable." He submitted no issues of equity or propriety to be considered by the Board.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: ?????
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 050624
Discharge Received: Date: 050803 Chapter: 14-12b AR: 635-200
Reason: Misconduct RE: SPD: JKA Unit/Location: 18 MED CMD, Yongsan, Korea
Time Lost: None
Article 15s (Charges/Dates/Punishment): 050603, failure to go to the appointed place of duty X 4 (050520, 050515, 050513 X 2), dereliction of duty (050516), reduction to E-2, $335 X 1, (two month suspension), 14 days of extra duty and restriction, (CG).
050330, failure to report X 5, (050119, 041214, 041122, 041117, 041008), 14 days of extra duty and restriction, (Summarized)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 21
Current ENL Date: 040107 Current ENL Term: 04 Years 00
Current ENL Service: 01 Yrs, 06 Mos, 27 Days ?????
Total Service: 01 Yrs, 06 Mos, 27 Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 74D10 GT: 109 EDU: HS Overseas: Korea Combat: None
Decorations/Awards: ASR, GWOTSM, NDSM, KDSM
V. Post-Discharge Activity
City, State: Lake Havasu City, AZ
Post Service Accomplishments: Nothing provided
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 24 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 misconductfor having failed to make it to your appointed place of duty at the prescribed time on numerous occasions, 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 26 July 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.
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: 3 OCT 08 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: None
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
Colonel, U.S. Army
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 AR20070017668
______________________________________________________________________________
Page 1 of 2 pages
ARMY | DRB | CY2009 | AR20090007472
Applicant Name: ????? The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. 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 AND DIRECTIVE Case Number...
ARMY | DRB | CY2006 | AR20060006084
Current ENL Service: 02 Yrs, 04 Mos, 09 Days ????? 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: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070307 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND...
ARMY | DRB | CY2008 | AR20080005968
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 12 February 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.
ARMY | DRB | CY2007 | AR20070017657
In return i received the military outstanding volunteer service medal. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. On 19 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 b.
ARMY | DRB | CY2006 | AR20060017859
Facts and Circumstances: The evidence of record shows that on 12 November 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of pattern of misconductfor a series of negative actions due to misconduct to include multiple negative counseling statements, 3 different suspensions of favorable personnel actions (Flags) and for having received a Field Grade Article 15 in which the suspended sentence was later...
ARMY | DRB | CY2008 | AR20080020067
I had just got married to my wife and was station in korea for a year. 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 a general, under honorable conditions discharge.
ARMY | DRB | CY2007 | AR20070011755
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 12 April 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of misconduct for receiving two company grade Article 15s for failure to report X 6 and failure to pay just debt (010801) and failure to report X 3 (020401), with a general under honorable conditions discharge. On 25 April 2002, the separation authority...
ARMY | DRB | CY2006 | AR20060010458
Current ENL Service: 3 Yrs, 7 Mos, 0 Days ????? Facts and Circumstances: Evidence of record shows that on 14 January 1998, 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 (you were taken to the Korean National Police Station following a rock-throwing incident in Anjong-Ri, you were counseled for failing to repair x 2, received a CID Report establishing probable cause to...
ARMY | DRB | CY2008 | AR20080018081
Applicant Name: ????? The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions, and did not submit a statement in his own behalf. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change...
ARMY | DRB | CY2008 | AR20080018992
Facts and Circumstances: The evidence of record shows that on 20 October 2004, 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 misconduct for having been convicted at a court-martial for six counts of communicating a threat, five counts of assault, two counts of cruelty and maltreament, and one count of damage to non-military property and, having been released from confinement, showed...