Search Decisions

Decision Text

ARMY | DRB | CY2008 | AR20080016538
Original file (AR20080016538.txt) Auto-classification: Denied
Applicant Name:   

Application Receipt Date: 2008/10/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 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: 940803
Discharge Received: 			   Date: 940826   Chapter: 14-12c      AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: A Co, US Army Garrison, Fort Ord, CA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 920204    Current ENL Term: 3 Years  15 weeks
Current ENL Service: 	2 Yrs, 06Mos, 23Days ?????
Total Service:  		2 Yrs, 10Mos, 04Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13B10/Cannon Crewmember   GT: 101   EDU: HS GRAD   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM

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 3 August 1994, 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 being arrested on 27 April 1994 for driving under the influence of alcohol, 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 submitted 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 8 August 1994, 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 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 all the applicant’s military records, and the issue and documents submitted with the application, 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 the former Soldier’s 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 applicant’s service mitigated the misconduct or poor duty performance.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine 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.  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.  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 August 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 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
X.  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: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080016538
______________________________________________________________________________


Page 2 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2008 | AR20080017109

    Original file (AR20080017109.txt) Auto-classification: Denied

    Applicant Name: ????? On 5 July 1994, 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: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2009 | AR20090007472

    Original file (AR20090007472.txt) Auto-classification: Denied

    Applicant Name: ????? The intermediate commanders 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 | CY2008 | AR20080010494

    Original file (AR20080010494.txt) Auto-classification: Denied

    Applicant Name: ????? On 11 April 1994, the separation authority directed that the applicant be discharged with a characterization of service of general under honorable conditions and that it be suspended until 12 June 1994, to allow him a probationary period. 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...

  • ARMY | DRB | CY2009 | AR20090011315

    Original file (AR20090011315.txt) Auto-classification: Denied

    On 18 April 1994, the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board. The intermediate commander reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge. On 22 June 1994, 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,...

  • ARMY | DRB | CY2008 | AR20080013295

    Original file (AR20080013295.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 12 May 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconduct—for abuse of illegal drugs, 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: NA Other: NA RE...

  • ARMY | DRB | CY2008 | AR20080001205

    Original file (AR20080001205.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 3 November 1994, 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 three actions under UCMJ and testing positive for marijuana, with a general under honorable conditions discharge. 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...

  • ARMY | DRB | CY2009 | AR20090006830

    Original file (AR20090006830.txt) Auto-classification: Denied

    Applicant Name: ????? On 22 September 1994, 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: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2008 | AR20080003404

    Original file (AR20080003404.txt) Auto-classification: Denied

    The analyst noted that on the applicant's DD Form 214 block 26, separation code (SPD) reads "JKF", however, the separation authority approved the applicant's discharge under the provisions of AR 635-200, paragraph 12c, commission of a serious offense, which the separation code is "JKQ." The evidence of record shows that the applicant consulted with legal counsel and was advised that he was not eligible to have his case considered by an administrative separation board. Board Action Directed...

  • ARMY | DRB | CY2007 | AR20070010526

    Original file (AR20070010526.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. On 13 April 1994, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions.

  • ARMY | DRB | CY2006 | AR20060010453

    Original file (AR20060010453.txt) Auto-classification: Denied

    Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures for the administrative separation of enlisted personnel of the Army National Guard and Army Reserve. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 11...