Applicant Name: ?????
Application Receipt Date: 2008/10/23 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: 980615
Discharge Received: Date: 980930 Chapter: 14-12B AR: 635-200
Reason: Misconduct RE: SPD: JKA Unit/Location: Ft Myer MP Co, Ft Myer, VA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 971014, AWOL (970922-970924) and disobeyed a lawful order from a NCO to use the American Express Card for official travel only (970806-970924); reduction to E2, 45 days restriction and 45 extra duty (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 950109 Current ENL Term: 5 Years ?????
Current ENL Service: 3 Yrs, 08Mos, 19Days ?????
Total Service: 3 Yrs, 08Mos, 19Days ?????
Previous Discharges: ARNG 050316-060315/HD (Post Service)
Highest Grade: PFC Performance Ratings Available: Yes No
MOS: 95B10/ Military Police GT: 111 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: AAM, AGCM, NDSM, ASR
V. Post-Discharge Activity
City, State: Pensacola, FL
Post Service Accomplishments: Since rejoining the Alabama National Guard as a 88M10 Heavy Vehicle Driver and reached the grade of PFC.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 15 June 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph12B, AR 635-200, for Pattern of Misconduct in that on (980505) he failed to obey a lawful order of an NCO; on 989129, he was convicted of reckless driving and on (971003) he received an Article 15 for being AWOL and misused his Government American Express Card, 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, did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 15 September 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 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 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 was erroneous or that the applicants service mitigated the misconduct or poor duty performance. Furthermore, the analyst noted that the offenses were minor and isolated. However, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. Having examined all the circumstances, the analyst determined that the applicants numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. These incidents of misconduct clearly diminished the quality of the applicants service below that meriting a fully honorable discharge. 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: 7 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 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 AR20080016802
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080018494
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 1 May 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12C(2), AR 635-200, by reason of misconduct for testing positive for cocaine on 010122 and 020107 urinalysis, AWOL from 000908-000912; and a pattern of misconduct consisting of failure to repair and disobeying an order, with a general, under honorable conditions discharge. ...
ARMY | DRB | CY2009 | AR20090014665
Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states in effect that his discharge is based on one isolated incident in 33 months of service and that is was an act of reprisal for submitting an EO complaint. Facts and Circumstances: The evidence of record shows that on 28 August 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 misconduct abuse of...
ARMY | DRB | CY2007 | AR20070013131
Facts, Circumstances, and Legal Basis for Separation a. While the applicant's specific facts for which she may have received a general discharge are not contained in the available record, the overall length and quality of the applicant's service, to include her two combat deployments and the lack of any evidence of misconduct as her DD Form 214 indicates she was discharged as an E-4 mitigated the possible discrediting entry. Board Discussion, Determination, and Recommendation After...
ARMY | DRB | CY2009 | AR20090004284
The intermediate commander 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 under other than honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change...
ARMY | DRB | CY2008 | AR20080007208
Facts and Circumstances: The evidence of record shows that on 15 November 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of misconducta pattern of misconduct culminating with an arrest for Driving While Intoxicated, with a general under honorable conditions discharge. On 8 February 1996 the applicant consulted with legal counsel and requested a hearing before an administrative separation...
ARMY | DRB | CY2008 | AR20080005467
Applicant Name: ????? Facts and Circumstances: Evidence of record shows that on 18 June 1999, 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 positive urinalysis between (990220 and 990322) for wrongful use of marijuana, which the applicant received a Field Grade Article 15 and for being counseled for infractions of failure to report, disrespect to a...
ARMY | DRB | CY2008 | AR20080011583
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 8 April 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for her inability to conform to military standards, 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...
ARMY | DRB | CY2010 | AR20100021534
Applicant Name: ????? I need the military in my life. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD...
ARMY | DRB | CY2008 | AR20080005110
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general discharge. On 07 May 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: NA Other: NA RE...
ARMY | DRB | CY2009 | AR20090009970
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 30 July 2004, 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 serious offense for going AWOL (031020-040609), with a general, under honorable conditions discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service...