Search Decisions

Decision Text

ARMY | DRB | CY2009 | AR20090002331
Original file (AR20090002331.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2009/01/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 in lieu of 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: 020308
Discharge Received: 			   Date: 020406   Chapter: 14-12b      AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Co B, 725th FSB, Schofield Barracks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010723, disobey a lawful order to fall into company formation and get into the front leaning rest position and do pushups on or about 010703, reduction to E2 and 14 days extra duty (CG).

020116, fail to go at the time prescribed to your appointed place of duty on or about 010607, willfully disobey an order from a NCO on or about 010703 and made a false official statement to an NCO with the intent to deceive on 010913, reduction to E2, suspended, to be automatically remitted if not vacated before 020215, forfeiture of $695 pay per month for one month, suspended, to be automatically remitted if not vacated before 020215 and extra duty for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 991117    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 04Mos, 20Days ?????
Total Service:  		2 Yrs, 04Mos, 20Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 27E/Tow-Dragon Reparier   GT: 119   EDU: HS letter   Overseas: Hawaii   Combat: None
Decorations/Awards: ASR, OSR

V.  Post-Discharge Activity
City, State:  Tampa, FL
Post Service Accomplishments: See the resume submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 March 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by reason of misconduct for patterns of misconduct, with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement in her 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 21 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.

       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, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  The applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. The analyst noted the applicant issues; however, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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.   Additionally, eligibility for veteran's benefits 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.  The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  In view of the foregoing the analyst determined that the characterization of service and reason for discharge were both proper and equitable, and recommends to the Board to deny relief.  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: 23 October 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090002331
______________________________________________________________________________


Page 3 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2008 | AR20080019508

    Original file (AR20080019508.txt) Auto-classification: Denied

    Applicant Name: ????? Therefore, the analyst recommends to the Board that the reason for discharge and the characterization of service are both proper and equitable. 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 | CY2009 | AR20090008173

    Original file (AR20090008173.txt) Auto-classification: Denied

    His DD Form 214 indicates that he was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for personality disorder, with service uncharacterized. There is no provision for any other reason to be entered under this regulation Further, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 5-17. Board...

  • ARMY | DRB | CY2009 | AR20090007135

    Original file (AR20090007135.txt) Auto-classification: Denied

    Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and supporting documents sybmitted by the applicant. Facts and Circumstances: The evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by reason of pattern of misconduct for receiving two Article 15s for several violations of the UCMJ, being absent without leave for about 20 days; disrespectful...

  • ARMY | DRB | CY2008 | AR20080000621

    Original file (AR20080000621.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: Evidence of record shows that on 9 November 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense for testing positive for use of an illegal substance, with a general under honorable conditions discharge. However, the applicant's election of rights and the unit commander's recommendation that the applicant be...

  • ARMY | DRB | CY2006 | AR20060006721

    Original file (AR20060006721.txt) Auto-classification: Approved

    Current ENL Service: 04 Yrs, 04Mos, 20Days ????? 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 9 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY...

  • ARMY | DRB | CY2010 | AR20100007043

    Original file (AR20100007043.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 8 February 2008, 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 for use and possession of illegal drugs in that he tested positive for cocaine at a unit urinalysis (080104) and received an Article 15 for cocaine (080131), with an entry level separation, uncharacterized discharge. ...

  • ARMY | DRB | CY2008 | AR20080015316

    Original file (AR20080015316.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 17 November 2006, 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—for having tested positive for wrongful use of marijuana (060826-060926), with a general under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)",...

  • ARMY | DRB | CY2009 | AR20090016141

    Original file (AR20090016141.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 19 July 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, paragraph 11-3, AR 635-200, by reason of entry level performance and conduct for refusing to train (060702, 060705, and 060707), with an uncharacterized discharge. On 22 July 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be separated from the Army...

  • ARMY | DRB | CY2009 | AR20090007520

    Original file (AR20090007520.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that 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 for unlawfully striking another individual on the face with his hand and wrongfully purchasing alcohol for persons under the age of 21, with a general, under honorable conditions discharge. The separation authority waived further...

  • ARMY | DRB | CY2010 | AR20100018226

    Original file (AR20100018226.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 26 September 2001, 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 report on two separate occasions and violated AR 600-20, with a general, under honorable conditions discharge. Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 1 July 2010.