Search Decisions

Decision Text

ARMY | DRB | CY2008 | AR20080011587
Original file (AR20080011587.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 08/07/24	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: 061207
Discharge Received: 			   Date: 070122   Chapter: 14       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC Co., V Corps, APO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050321, failure to go at the appointed place of duty x2 (050122) & (050122); left his appointed place of duty (050125); disobeyed a lawful order from a noncommission officer x3 (050122), (050122), & (050124) CG.

061114, without authority fail to go at the time prescribed appointed place of duty (060923), reduction to E3, forfeiture of $394.00 suspended, extra duty and restriction for 14 days (CG). 

070111, operating a passenger car while the alcohol concentration was 0.10 grams; per 210 liters (061209); reduction to E1, forfeiture of $600.00 x2 (suspended) extra duty for 12 days (suspended) and an oral reprimand (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 030415    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03 Yrs, 09Mos, 08Days ?????
Total Service:  		03 Yrs, 09Mos, 08Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 21U Topographic Analyst   GT: 125   EDU: HS Grad   Overseas: Kuwait   Combat: Iraq (051001-060920)
Decorations/Awards: AGCM, NDSM, ICM, GWTSM, ASR.

V.  Post-Discharge Activity
City, State:  Perris, CA
Post Service Accomplishments: Not Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 December 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for repeatedly failure to go to appointed place of duty, and disrespectful torward a noncommissioned 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 16 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.

       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, 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 record does not support the applicant’s contention that he suffers from Post Traumatic Stress symptoms’ and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  The analyst also noted the evidence of record established that the applicant's misconduct began before his deployment to Iraq.   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: 18 September 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 2    No change 3
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 Board 
Change Reason to:  
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011587
______________________________________________________________________________


Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2009 | AR20090006967

    Original file (AR20090006967.txt) Auto-classification: Denied

    Applicant Name: ????? On 13 March 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. 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 | AR20090009985

    Original file (AR20090009985.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 | AR20090017751

    Original file (AR20090017751.txt) Auto-classification: Denied

    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 30 July 2009, 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. Accordingly, the Board voted to change the characterization of service to...

  • ARMY | DRB | CY2009 | AR20090006542

    Original file (AR20090006542.txt) Auto-classification: Denied

    It indicates that the applicant was discharged under the provisions of Paragraph 8-26K, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3." It indicates that the applicant was discharged under the provisions of Paragraph 8-26k, NGR 600-200, by reason of unsatisfactory participant, with a characterization of service of general, under honorable conditions, and a...

  • ARMY | DRB | CY2009 | AR20090009823

    Original file (AR20090009823.txt) Auto-classification: Approved

    Facts and Circumstances: The evidence of record shows that on 5 March 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for pattern of misconduct in that she was AWOL (020703-020709) and failed to report on numerous occasions, with a general, under honorable conditions discharge. On 23 March 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action,...

  • ARMY | DRB | CY2009 | AR20090000670

    Original file (AR20090000670.txt) Auto-classification: Denied

    On 30 April 2005, the applicant appeared, with counsel, before a Board of Inquiry (Show Cause Board). On 3 February 2006, the Commander, US Army Reserve directed that the applicant be discharged with a characterization of service of under other than honorable conditions. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, the issues, and the supporting documents evidence he submitted, the analyst determined that the evidence...

  • ARMY | DRB | CY2009 | AR20090006963

    Original file (AR20090006963.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 9 September 2002, 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—pattern of misconduct for being court-martialed for AWOL four times and failure to report twice, with an under other than honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action,...

  • ARMY | DRB | CY2009 | AR20090006452

    Original file (AR20090006452.txt) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf which was not found in the available records. On 13 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change...

  • ARMY | DRB | CY2009 | AR20090007332

    Original file (AR20090007332.txt) Auto-classification: Denied

    The separation authority approved the discharge with a characterization of service of under other than honorable conditions. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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.

  • ARMY | DRB | CY2007 | AR20070016637

    Original file (AR20070016637.txt) Auto-classification: Denied

    Applicant Name: ????? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. 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 Board Change Reason to: Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE...