Applicant Name: ?????
Application Receipt Date: 2008/11/25 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: 080125
Discharge Received: Date: 080220 Chapter: 14-12B AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: Rear Detachment, 3d ACR, Ft Hood, TX
Time Lost: AWOL X 1 day, (070717), & Civilian confinement x 8 days, (060918-060925),
Article 15s (Charges/Dates/Punishment): 061122, disobeyed a direct order from a NCO; reduction to E1, forfeiture $297 and 14 days restriction and extra duty (CG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 21
Current ENL Date: 060405 Current ENL Term: 3 Years 18 weeks
Current ENL Service: 1 Yrs, 10Mos, 11Days ?????
Total Service: 1 Yrs, 10Mos, 11Days ?????
Previous Discharges: None
Highest Grade: E2 Performance Ratings Available: Yes No
MOS: 88M10/ Motor Transport Operator GT: 108 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None submitted
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 25 January 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 for going AWOL and patterns of misconduct, 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, waived his rights and submitted a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 4 February 2008, 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 the entire applicants 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 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. The record does not support the applicants contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. 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: 26 March 2009 Location: Dallas, TX
Did the Applicant Testify? Yes No
Counsel:
Texas Veterans Commission
VA Medical Center, Bldg 2, Room 1E-209
Dallas, Texas 75216
Witnesses/Observers: YES
Exhibits Submitted: None
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable, 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080019898
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080019781
Facts and Circumstances: The evidence of record shows that on 9 June 2000, 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 in that you were counseled for failure to be at your appointed place of duty X3 (000717, 990814 & 000314), you were found sleeping on guard duty (990718), for uttering to AAFES a check with insufficient funds (990814), receiving a Field Grade Article 15...
ARMY | DRB | CY2010 | AR20100007309
On 22 March 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. Board Discussion, Determination, and Recommendation After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the analyst's recommendation and rationale, the Board determined that the discharge was both...
ARMY | DRB | CY2009 | AR20090003012
Applicant Name: ????? 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.
ARMY | DRB | CY2009 | AR20090000312
Applicant Name: ????? On 18 January 2008, 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, 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...
ARMY | DRB | CY2006 | AR20060010462
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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 31 July 2007 Lieutenant...
ARMY | DRB | CY2008 | AR20080015305
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 18 January 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change...
ARMY | DRB | CY2009 | AR20090007576
Facts and Circumstances: The evidence of record shows that on 15 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct commission of a serious offense for wrongfully possessing ecstasy, conspire to hide how he received the ecstasy, made a false official statement, disrespectful toward a noncommissioned officer and broke restriction on two separate occasions, with a...
ARMY | DRB | CY2009 | AR20090008712
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: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2009 | AR20090011819
The board recommended that the applicant be discharged from the Army with a characterization of service of an under other than honorable conditions. On 8 January 2009, the separation authority approved the findings and recommendation of the administrative separation board waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. The narrative reason specified by Army Regulations for a...
ARMY | DRB | CY2009 | AR20090003280
Applicant Name: ????? The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200, by reason of misconduct, with a general, under honorable conditions discharge. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200, by reason of misconduct-pattern of misconduct, with a characterization of service of general, under honorable conditions.