Search Decisions

Decision Text

ARMY | DRB | CY2009 | AR20090005356
Original file (AR20090005356.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 090130	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documentation 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: 070625
Discharge Received: 			   Date: 070723   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HHD, 385th MP Bn, Task Force Fury, CJTF-82, Bagram Airfield, APO AE 09354 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070214, At or near Bagram Airfield, Afghanistan, was disrespectful in language toward a senior NCO (070209) and violated General Order No. 1 by consuming alcohol (0702090); Reduction to E1, forfeiture of $701.00 pay per month for 1 month, extra duty and restriction for 45 days (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 061005    Current ENL Term: 03 Years  2 Weeks
Current ENL Service: 	00 Yrs, 09 Mos, 19 Days ?????
Total Service:  		05 Yrs, 01 Mos, 20 Days ?????
Previous Discharges: 	RA  021212-040615/HD
                                       RA  000713-021211/HD
                                       ADT  990831-000128/UNC
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92A  Automated Log Spec   GT: 103   EDU: HS GED   Overseas: Hawaii, SWA   Combat: Afghanistan (specific dates are not in the record of evidence.)
Decorations/Awards: AGCM, NDSM, ACM, GWOTSM, ASR, NATO Medal

V.  Post-Discharge Activity
City, State:  Oviedo, FL
Post Service Accomplishments: None submitted by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 25 July 2007, the Applicant was charged with violation of General Order No. 1 by consuming an alcoholic beverage at or near Bagram Airfield, Afghanistan (070616), violation of General Order No. 1 by possessing an alcoholic beverage at or near Bagram Airfield, Afghanistan (070616), wrongfully communicating a threat to a senior NCO (070616) and, wrongfully wearing upon his uniform the Ranger tab at or near Bagram Airfield, Afghanistan (070528).  The record is void of evidence that the Applicant consulted with legal counsel.  The unit commander and intermediate commander recommended approval of a bad conduct discharge.  On 29 July 2007, the separation authority approved the discharge with a characterization of service of under other than honorable conditions.  The Applicant was to be reduced to the lowest enlisted rank. 

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the Applicant’s available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst recommends that the Applicant’s characterization of service be upgraded to general, under honorable conditions.  This recommendation was made after full consideration of the former Soldier’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the Applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the Applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the Applicant's service, to include the combat service, mitigated the discrediting entries in the service record.  Accordingly, the analyst recommends to the Board that the Applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the reason for discharge remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 24 August 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 Aplicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and, as a result, it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.










 

 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090005356
______________________________________________________________________________


Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060011498

    Original file (AR20060011498.txt) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by 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 an under other than honorable conditions discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s...

  • ARMY | DRB | CY2010 | AR20100020649

    Original file (AR20100020649.txt) Auto-classification: Denied

    Applicant Name: ????? On 30 May 2003, the applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. 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...

  • ARMY | DRB | CY2009 | AR20090006753

    Original file (AR20090006753.txt) Auto-classification: Denied

    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. 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. Board Action Directed President, Army...

  • ARMY | DRB | CY2008 | AR20080008134

    Original file (AR20080008134.txt) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf. On 28 March 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 | CY2011 | AR20110011913

    Original file (AR20110011913.txt) Auto-classification: Denied

    Applicant Name: ????? On 14 November 2003 the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an administrative separation board, and submitted a statement in his own behalf. On 24 December 2003, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of an under other than honorable conditions.

  • ARMY | DRB | CY2008 | AR20080004121

    Original file (AR20080004121.txt) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf. On 3 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: No Change Other: NA RE...

  • ARMY | DRB | CY2010 | AR20100030028

    Original file (AR20100030028.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 15 May 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he tested positive for hashish during a urinalysis on (080226), and violated a lawful general regulation by wrongfully consuming alcoholic beverages while on deployment to JRTC on (061111), with a general, under honorable...

  • ARMY | DRB | CY2009 | AR20090001034

    Original file (AR20090001034.txt) Auto-classification: Denied

    I am requesting that only the narrative reason for my separation from service be changed from “Unacceptable Conduct” to “Other”. I feel as if the current narrative reason for my separation reflects negatively on my characterization of service and undermines my Honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct” and the separation code is "BNC."

  • ARMY | DRB | CY2010 | AR20100018028

    Original file (AR20100018028.txt) Auto-classification: Denied

    Applicant Name: ????? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 14 June 2010. 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.

  • ARMY | DRB | CY2009 | AR20090009550

    Original file (AR20090009550.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 3 October 2008, 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 she violated MND-N GO1, by wrongfully consuming an alcoholic beverage while in the MNC-I AOR; on or about 080819; failed to go at the time prescribed to her appointed place of duty on or about 080819; and between on or about 070820 and on or...