Applicant Name: ?????
Application Receipt Date: 2008/07/28 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: 021004
Discharge Received: Date: 021016 Chapter: 14-12b AR: 635-200
Reason: Misconduct RE: SPD: JKA Unit/Location: HQ & HQ Company, 312th Military Intelligence Battalion, 1st Cavalry Division, Fort Hood, TX 76544
Time Lost: AWOL x 1 for 1 day (020902-020904). The applicant returned to his unit.
Article 15s (Charges/Dates/Punishment): 020918, AWOL (020903-020904); reduction to E-2; forfeiture of $289.00 pay per month for one month; extra duty and restriction for 14 days (CG)
Article 15; 020624, Without authority left his appointed place of duty (020529); failed to go to his appointed place of duty (020529); disobeyed a lawful order from a MSG (020529); reduction to (E-3); forfeiture of $343.00 pay per month for one month; (suspended, to be automatically remitted unless vacated before 31 August 2002); extra duty and restriction for 7 days (suspended, to be automatically remitted unless vacated before 31 August 2002). (CG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 990901 Current ENL Term: 4 Years ?????
Current ENL Service: 3 Yrs, 1 Mos, 15 Days ?????
Total Service: 3 Yrs, 1 Mos, 15 Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 63B10 Light Wheel Vehicle Mech GT: 96 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: AAM, NDSM, ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 4 October 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that he went AWOL from (020903-020904); disobeyed a lawful order from a MSG (020529); failed to go to his appointed place of duty (020529); and without authority, left his appointed place of duty (020529), with a general, under honorable conditions discharge. He was advised of his rights. On 4 October 2002, the applicant waived 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 7 October 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.
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 the entire applicants military records, 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 the former soldiers service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the misconduct, the applicant diminished the quality of service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action waserroneous or that the applicants service mitigated the misconduct or poor duty performance. 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: 13 May 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 AR20080011947
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2006 | AR20060007007
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 24 April 2003, 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge...
ARMY | DRB | CY2009 | AR20090003030
Facts and Circumstances: The evidence of record shows that on 10 January 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that he went AWOL between (030713-030718); disobeyed a lawful order from SSG 031211; disrespectful in language toward SSG 031211; failed to go to his appointed place of duty 040622; and AWOL from 040921-040927, with an under other than honorable...
ARMY | DRB | CY2009 | AR20090007770
Facts and Circumstances: The evidence of record shows that on 24 April 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 commission of a serious offense in that he tested positive on a urinalysis for marijuana use (011115) and again (020221), and also demonstrated a pattern of misconduct including failures to repair and dereliction of duty, with an under other than...
ARMY | DRB | CY2009 | AR20090006963
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 misconductpattern 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 | AR20090003598
Applicant Name: ?? On 27 January 2003, 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 | CY2011 | AR20110013603
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 3 December 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that he failed to be at his appointed place of duty on several occasions and counseled for dishonorably failing to pay his just debts, with a general, under honorable conditions discharge. On 13 December 2002, the...
ARMY | DRB | CY2006 | AR20060009770
Were Proper Discharge and Separation Authority procedures followed? 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. Certification Signature and Date Approval Authority: MARK E....
ARMY | BCMR | CY2011 | AR20110018361
Facts and Circumstances: The evidence of record shows that on 4 September 2002, 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 for receiving a FG Article 15 for wrongful use a of controlled substances, a CG Article 15 for dereliction of duties and failure to obey a lawful order, with an under other than honorable conditions discharge. On 4 September 2002, the applicant...
ARMY | DRB | CY2006 | AR20060012065
Current ENL Service: 03 Yrs, 02 Mos, 15 Days ????? Facts and Circumstances: 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, AR 635-200, by reason of misconductpattern of misconduct (court-martialed for for being 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...
ARMY | BCMR | CY2011 | AR20110023923
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 26 September 2005, 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 stealing 3.52 gallons of unleaded fuel from a U.S. Army fuel point (050826); consistently failing to report to her appointed place of duty at the times prescribed, making prank phone calls to the unit charge of...