Applicant Name: ??
Application Receipt Date: 2009/02/23 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See 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: 031103
Discharge Received: Date: 031224 Chapter: 14-12c AR: 635-200
Reason: Misconduct RE: SPD: JKQ Unit/Location: B Co, 2/58th Inf ITB-USAIS, Ft Benning, GA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 030821, failed to obey a lawful written order given by Commander, I Corps, Ft Lewis, not to operate a moter vehicle on any federal installation on or about (030728); reduction to E1, forfeiture of $575 pay per month for two months, restriction and extra duty for 45 days (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 20
Current ENL Date: 001026 Current ENL Term: 4 Years ?????
Current ENL Service: 3 Yrs, 01Mos, 29Days ?????
Total Service: 3 Yrs, 01Mos, 29Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 11C/ Indirect Fire Infantryman GT: 98 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: AAM, NDSM, ASR, EIB
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: The applicant received a waiver on 070807 to join the PA National Guard for 4 years. Further he has been promoted to E5 and has received the Thomas J. Stewart Medal.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 17 September 2003, 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 commission of a serious offense in that he failed to obey a lawful written order given by Commander, I Corps, Ft Lewis, by driving his vehicle after having his driving privileges revoked 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. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
There is a GOMOR dated 030806 for driving under the influence of alcohol in the available record.
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, and the issue 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. 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 analyst acknowledges the applicant's successful transition to civilian life to include his current service in the National Guard; however, 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: 10 November 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: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090006484
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2009 | AR20090008656
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 29 April 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 AWOL, failure to obey a lawful order, making a false official statement, and larceny of over $900 resulting in a Field Grade Article 15 ( 080215), with a general, under honorable conditions...
ARMY | DRB | CY2008 | AR20080004277
On 25 May 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested an Administrative Separation Board in the event that retention was not approved, and did not submit a statement in his own behalf. On 9 June 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...
ARMY | DRB | CY2008 | AR20080016128
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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2009 | AR20090006980
On 9 April 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. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. 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...
ARMY | DRB | CY2006 | AR20060014774
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD293 submitted by the applicant. 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...
ARMY | DRB | CY2009 | AR20090010738
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. 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...
ARMY | DRB | CY2009 | AR20090000638
Applicant Name: ????? 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 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 | AR20090006365
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 13 May 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by pattern of misconduct for derelict in his duty x2 on (060817 and 061018), disobeyed a lawful order x3 on (061024, 061013, and 080207) and failed to go at the time prescribed to your appointed place of duty x3 (071210, 080205 and 080211) and operated a...
ARMY | DRB | CY2009 | AR20090019985
On 6 November 2006, 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. On 22 November 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 | AR20090003655
On 1 July 2008, again the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. On 10 July 2008, 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. By abusing illegal drugs, the applicant...