Applicant Name: ?????
Application Receipt Date: 2008/04/09 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents 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: 980211
Discharge Received: Date: 980319 Chapter: 14 AR: 635-200
Reason: Misconduct RE: SPD: JKQ Unit/Location: B Co, 1/222d AV Regt, 8th Trans Bde, Fort Eustis, VA
Time Lost: AWOL for 29 days (971029-971124), mode of return unknown.
Article 15s (Charges/Dates/Punishment): 980112, AWOL (971029 to 971125), forfeiture of $375.00 pay per month for 2 months, 45 days extra duty, and 45 days restriction, (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 970807 Current ENL Term: 03 Years Item 12a "Date Entered AD this Period incorrectly reads the date as: year 1997, month 09, and day 03. Based on the enlistment contract found in the applicant's record the date in item 12a should read: year 1997, month 08, and day 07.
Current ENL Service: 00 Yrs, 06Mos, 17Days ?????
Total Service: 00 Yrs, 06Mos, 17Days ?????
Previous Discharges: None
Highest Grade: E1 Performance Ratings Available: Yes No
MOS: 67R10/AH-64 Attach Hel Rep GT: 107 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: Limestone, ME
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 26 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 misconductcommission of a serious offense for a lack of ability to adapt to military standards by going AWOL for 29 days, with a general, under honorable conditions discharge. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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 applicants military records during the period of enlistment under review, the document, and the issues she 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 her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By her misconduct, the applicant diminished the quality of her 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 applicant's issues, however, the analyst found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. 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: 10 February 2009 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
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 AR20080005487
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2007 | AR20070017614
On 8 October 2002, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. 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. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review...
ARMY | DRB | CY2009 | AR20090003074
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 11 July 2002, 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...
ARMY | DRB | CY2008 | AR20080011030
The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of an under other than honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period...
ARMY | DRB | CY2006 | AR20060008920
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 or to appear before that board, and did not submit a statement in his own behalf. 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...
ARMY | DRB | CY2009 | AR20090012638
Applicant Name: ????? Facts and Circumstances: Evidence of record shows that on 3 February 2006, 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 pattern of misconduct for failing to be at his appointed place of duty (050928, 051107, and 051215); being incapacitated for the performance of his duties (051113), and for being arrested for threatening to kill his wife and holding her...
ARMY | DRB | CY2009 | AR20090010071
Applicant Name: ????? 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. 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:...
ARMY | DRB | CY2006 | AR20060006698
Current ENL Service: 02 Yrs, 06Mos, 17Days ????? His NGB Form 22 indicates that he was discharged under the provisions of Chapter 8-26q, NGR 600-200 by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions. Therefore, the reason for discharge and the characterization of service remains both proper and equitable.
ARMY | DRB | CY2009 | AR20090007737
Applicant Name: ????? The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct, with a characterization of service of general, under honorable conditions. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable...
ARMY | DRB | CY2009 | AR20090012953
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 20 Aug 07, 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 misconduct minor disciplinary infractions for dereliction of duties x2, making false official statements x3, failure to obey orders x3 and failing to report x3, with a general, under honorable conditions discharge. On 21 Aug 07, the applicant...
ARMY | DRB | CY2009 | AR20090002307
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...