Search Decisions

Decision Text

ARMY | DRB | CY2008 | AR20080001588
Original file (AR20080001588.txt) Auto-classification: Denied
Application Receipt Date: 080125	

Prior Review    Prior Review Date: None

I.  Applicant Request
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?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 040817
Discharge Received:     Date: 040908   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: B Co, 2/8th Inf, 4ID(M), Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040708, Failure to go at the time prescribed to his appointed place of duty (040706), reducted to E-3, forfeiture of $348.00 pay, 14 days extra duty, and 14 days restriction, (CG).

030615, Assault on another Soldier, by punching him in the face with a closed fist (030521), reduction to E-1 (suspended), forfeiture of $291.00, 14 days extra duty, and 14 days restriction, (CG).

020930, Disobeying a lawful command from his superior commissioned officer (020906) and disobeying a lawful command from a noncommissioned officer (020911), 14 days extra duty, and 14 days restriction, Summarized Article 15.

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  830208  
Current ENL Date: 010830    Current ENL Term: 04 Years  ?????
Current ENL Service: 03 Yrs, 00Mos, 09Days ?????
Total Service:  03 Yrs, 00Mos, 09Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 99   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030411-040415)
Decorations/Awards: GWOTEM, GWOTSM, NDSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 22 February 2002, 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 for receiving a Article 15 (040708) for failure to report to his appointed place of duty (040706), Article 15 (030615) for assault on another Soldier (030521), Article 15 (020930) for disobeying a commissioned officer (020906) and a noncommissioned officer (020911), and numerous counseling statements including; failure to report to his duty on time on different occasions, disobeying lawful order from his chain of command on different occasions, and leaving appointed place of duty, 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, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge, and did submit a statement in his own behalf which was not found in the available records.  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 24 August 2004, the separation authority 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, 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 applicant’s military records during the period of enlistment under review and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s 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 applicant’s service mitigated the misconduct or poor duty performance.  Furthermore, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.  Additionally, the analyst noted the applicant's issue that his misconduct was related to Post Traumatic Stress Disorder, however, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  In view of the foregoing, 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: 9 April 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 0    No change 5   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  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.





















Case report reviewed and verified by: Eric S. Moore, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 10 April 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080001588

Applicant Name: 
______________________________________________________________________


Page 1 of 6 pages

Similar Decisions

  • ARMY | DRB | CY2008 | AR20080012696

    Original file (AR20080012696.txt) Auto-classification: Denied

    On 7 September 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions. By the several incidents of misconduct, which include the possession of fireworks, the applicant diminished the quality of his service below that meriting a fully honorable discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change...

  • ARMY | DRB | CY2006 | AR20060014792

    Original file (AR20060014792.txt) Auto-classification: Approved

    On 3 August 2004, the separation authority approved the applicant's unconditional waiver, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. 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...

  • ARMY | DRB | CY2009 | AR20090000088

    Original file (AR20090000088.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. 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 | CY2009 | AR20090010452

    Original file (AR20090010452.txt) Auto-classification: Denied

    Applicant Name: ????? On 27 August 2008, 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 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2010 | AR20100017011

    Original file (AR20100017011.txt) Auto-classification: Denied

    Applicant Name: ????? On 23 January 2009, 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 analyst noted the applicant's issue that he was wrongfully discharged, however, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of...

  • ARMY | DRB | CY2006 | AR20060016236

    Original file (AR20060016236.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 10 December 2004, 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 having received a Field Grade Article 15 for wrongful use of cocaine, with a general, under honorable conditions discharge. On 18 December 2004, the separation authority directed that the applicant be discharged with a...

  • AF | DRB | CY2006 | AR20060015811

    Original file (AR20060015811.txt) Auto-classification: Denied

    The applicant consulted with legal counsel, advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did submit a statement in his own behalf. On 10 January 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honor conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S....

  • ARMY | DRB | CY2009 | AR20090006838

    Original file (AR20090006838.txt) Auto-classification: Denied

    Applicant Name: ????? The applicant consulted with legal counsel, was advised of the impact of the discharge action waived his right to an administrative separation board, and submitted a statement in his own behalf. On 16 November 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.

  • AF | DRB | CY2007 | AR20070004895

    Original file (AR20070004895.txt) Auto-classification: Approved

    Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 8 July 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance (receiving three Article 15s for the following offenses; disobeying a lawful command from a drill sergeant on13 April 2003; failure to be at his appointed place of duty 6 May 2003, and failure to be...

  • ARMY | DRB | CY2007 | AR20070004895aC071121

    Original file (AR20070004895aC071121.doc) Auto-classification: Approved

    Facts and Circumstances: The evidence of record shows that on 8 July 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance (receiving three Article 15s for the following offenses; disobeying a lawful command from a drill sergeant on13 April 2003; failure to be at his appointed place of duty 6 May 2003, and failure to be at his appointed place of duty 14, 16, 24 and 27 May...