Applicant Name: ?????
Application Receipt Date: 2008/09/02 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See 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: 970514
Discharge Received: Date: 970703 Chapter: 14-12a AR: 635-200
Reason: Misconduct RE: SPD: JKN Unit/Location: Co A, 1-33 AR Bn, Fort Lewis, WA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 970116, disobeyed a lawful order and disrespected an NCO (961212), reduction to E-2, forfeiture of $490 x 2 (suspended), 30 days extra duty and restriction (FG)
961106, disobeyed a lawful order from an NCO (961101), 7 days extra duty and restriction (Summarized)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 20
Current ENL Date: 950420 Current ENL Term: 4 Years ?????
Current ENL Service: 02 Yrs, 02Mos, 14Days ?????
Total Service: 02 Yrs, 02Mos, 14Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 19K10/M1 Armor Crewman GT: 113 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: Channahon, IL
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 14 May 2007, 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 misconductfor minor disciplinary infractions in that he disobeyed lawful orders, was disrespectful to NCOs, for writing checks with insufficient funds, and for missing formations, 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 24 June 1997, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions.
The record contains a Bar to Reenlistment dated 14 November 1996.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of this regulation 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 the entire applicants military record, and the issue submitted with the application, 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 was erroneous or that the applicants service mitigated the misconduct or poor duty performance. Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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: 5 June 2009 Location: Washington, D.C.
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 AR20080013682
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2007 | AR20070017816
Facts and Circumstances: The evidence of record shows that on 19 July 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of pattern of misconductfor conduct unbecoming of a soldier, intentionally missing movement to Germany, deliberately missing three levy briefings, disrespectful and disobeyed orders from his NCO's, and countless negative counselling statements for failure to report to appointed place...
ARMY | DRB | CY2006 | AR20060007483
Facts and Circumstances: Evidence of record shows that on 29 March 1995, 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 (he pleaded guility in Magistrate's Court to the offenses of DUI and leaving the scene of an accident, he also unlawfully entered a female barracks room, and received negative counseling statements for disobeying NCO's), with a general, under honorable...
ARMY | DRB | CY2008 | AR20080004278
Applicant Name: ????? On 25 April 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived her right to an administrative separation board, and did not submit a statement in her own behalf. 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...
ARMY | DRB | CY2008 | AR20080009285
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and unconditionally waived her right to an administrative separation board, and did not submit a statement in her own behalf. On 19 April 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. The analyst found that the length of the applicant's service to...
ARMY | DRB | CY2006 | AR20060006353
Facts and Circumstances: Evidence of record shows that on 17 April 1996, 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 (abuse of a illegal drug "marijuana" which he possessed, used, and introduced to the SHAPE Community, his attempt to commit assault and for committing adultery), with a general, under honorable conditions discharge. The applicant consulted...
ARMY | DRB | CY2007 | AR20070011392
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. 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 2 No change 3 Reason - Change 0 No change 5 (Board member names...
ARMY | DRB | CY2008 | AR20080017489
Facts and Circumstances: The evidence of record shows that on 12 March 2008, 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 an Article 15 for violation of Articles 90 and 112, numerous counselings for failure to report, drinking on duty, disobeying his unit commander, disrespecting a NCO, dereliction of duty by allowing an unlicensed...
ARMY | DRB | CY2009 | AR20090012476
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. On 1 December 2006, 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 Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other:...
ARMY | DRB | CY2010 | AR20100009611
The separation authority waived further rehabilitative efforts and directed the applicants discharge with a characterization of service of general, under honorable conditions. Therefore, the analyst recommends no change to the RE code. 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 Legend: AWOL Absent Without Leave GCM General Court Martial...
ARMY | DRB | CY2008 | AR20080013338
Facts and Circumstances: The evidence of record shows that on 7 March 2007, 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 misconductcommission of a serious offense for having received two Field Grade Article 15s and a Summarized Article 15 for violation of a lawful general order, providing a false statement, and disobeying a lawful order from an NCO, with a general under honorable...