Search Decisions

Decision Text

ARMY | DRB | CY2008 | AR20080003909
Original file (AR20080003909.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2008/02/08	Prior Review:     Prior Review Date: NA     

I.  Applicant 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?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 980227
Discharge Received: 			   Date: 980320   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: B Btry, 4-11 FAR, Fort Wainwright, AK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 970520    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 10Mos, 01Days ?????
Total Service:  		00 Yrs, 10Mos, 01Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 90   EDU: HS Grad   Overseas: Alaska   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Millington, TN
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 27 February 2008, 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 numerous negative counseling statements concerning threats he made towards his wife and child, indebtedness and poor work performance, 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 4 March 1998, 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 applicant’s military records during the period of enlistment under review, and the issues 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 analyst noted the applicant's issue; however, the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  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: 26 November 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 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: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003909
______________________________________________________________________________


Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2008 | AR20080013710

    Original file (AR20080013710.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 11 March 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Section II, Paragraph 14-9, AR 635-200, by reason of misconduct— for conviction by civil court in foreign country, with a general under honorable conditions discharge. On 14 July 2008, the separation authority approved the recommendation of the administrative separation board and...

  • ARMY | DRB | CY2009 | ar20090006531

    Original file (ar20090006531.txt) Auto-classification: Denied

    Applicant Name: ????? On 21 November 2003, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. 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.

  • ARMY | DRB | CY2008 | AR20080017983

    Original file (AR20080017983.txt) Auto-classification: Denied

    Applicant Name: ????? The evidence of record clearly shows that the applicant was adjudged guilty by court-martial and that the sentence was approved by the convening authority. After a thorough review of the applicant’s record and the issues he submitted, the analyst found no cause for clemency and recommends to the Board no clemency.

  • ARMY | DRB | CY2010 | AR20100013360

    Original file (AR20100013360.txt) Auto-classification: Denied

    Applicant Name: ????? Chapter 3, Section IV, establishes policy and procedures for separating members with a dishonorable or bad conduct discharge; and provides that a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial; and that the appellate review must be completed and the affirmed sentence ordered duly executed. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change...

  • ARMY | DRB | CY2009 | AR20090000818

    Original file (AR20090000818.txt) Auto-classification: Denied

    The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct, with a characterization of service of general, under honorable conditions. Further in the record, on 9 July 1998, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The DD Form 214...

  • ARMY | DRB | CY2008 | AR20080017806

    Original file (AR20080017806.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 11 October 2001, 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—pattern of misconduct for receiving a Field Grade Article 15 for larceny, a Company Grade Article 15 for AWOL, and numerous counselings for UCMJ violations, with a general, under honorable conditions discharge. On 2 November 2001, the separation...

  • ARMY | DRB | CY2009 | AR20090005002

    Original file (AR20090005002.txt) Auto-classification: Denied

    The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. 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...

  • ARMY | DRB | CY2009 | AR20090001836

    Original file (AR20090001836.txt) Auto-classification: Denied

    Legal Basis for Separation: Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Further, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. Therefore, the analyst determined the reason for discharge and the characterization of service were both...

  • ARMY | DRB | CY2009 | AR20090007736

    Original file (AR20090007736.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 27 May 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct for assaulting a child under the age of 15, causing bodily harm, with a general, under honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization...

  • ARMY | DRB | CY2006 | AR20060012964

    Original file (AR20060012964.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 12 April 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 a General Letter of Reprimand; Field Grade Article 15; and a Company Grade Article 15), with a general, under honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of...