Applicant Name: ?????
Application Receipt Date: 2008/03/10 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: 990607
Discharge Received: Date: 990707 Chapter: 14 AR: 635-200
Reason: Misconduct RE: SPD: JKQ Unit/Location: HQ & HQ Troop, 3rd Squadron, 7th Cavalry, Fort Stewart, GA 31314
Time Lost: The DD Form 214 item 29 (Time Lost) shows a period of lost time from (990126-990202) for a total of 8 days; however, the documentation to support this lost time is not in the available record, which is shown on the DD Form 214.
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 21
Current ENL Date: RA/980429 Current ENL Term: 3 Years ?????
Current ENL Service: 1 Yrs, 2 Mos, 1 Days ?????
Total Service: 2 Yrs, 4 Mos, 5 Days ?????
Previous Discharges: USAR 970200-970331/NA
ADT 970401-970819/Unchar
USAR 970820-980428/NA
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 19K10 M1 Armor Crewman GT: 104 EDU: HS GED Certif Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: See enclosed character reference letters submitted on behalf of the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 7 June 1999, 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 disobeying a senior non-commissioned officer, 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 23 June 1999, 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, 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 and the supporting documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The analyst determined that 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. Furthermore, the analyst noted the character reference letters submitted on behalf of the applicant outlining his successful accomplishments since separation from active duty. The applicant is to be commended for his efforts. However, these accomplishments do not provide the Board a basis upon which to grant relief. 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: 17 December 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 1 No change 4
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
X. 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 AR20080003781
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2009 | AR20090010648
Facts and Circumstances: The evidence of record shows that on 3 February 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12a, AR 635-200, by reason of misconductcommission of a serious offense for being AWOL (080806-081205), with a general, under honorable conditions discharge. On 11 February 2009, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged...
ARMY | DRB | CY2009 | AR20090008483
Applicant Name: ????? On 15 December 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 | CY2008 | AR20080016081
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. On 26 March 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under...
ARMY | DRB | CY2007 | AR20070016734
Applicant Name: ????? The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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...
ARMY | DRB | CY2008 | Ar20080002100
Facts and Circumstances: The evidence of record shows that on 02 February, 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor operating a vehicle while under the influence of alcohol (961209), minor in consumption, driving without a driver's license (961209), AWOL (970716-970718), lost military identification card, arrested for disorderly conduct, with a general under honorable...
ARMY | DRB | CY2008 | AR20080002578
Applicant Name: ????? On 6 December 2006, 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 | CY2008 | AR20080011949
Applicant Name: ????? 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 | CY2007 | AR20070018428
Applicant Name: ????? 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 20 November 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 | CY2008 | AR20080008381
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 19 April 2007, 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 two Article 15's for AWOL and multiple counseling's for misconduct, with a general, under honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form...
ARMY | DRB | CY2009 | AR20090010670
On 24 January 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf. On 27 June 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. Board Action Directed President, Army Discharge Review...