Search Decisions

Decision Text

ARMY | DRB | CY2009 | AR20090008585
Original file (AR20090008585.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 090505	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: 070808
Discharge Received: 			   Date: 070823   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: F Co, 1/68th Ar Bn, 3rd BCT, Ft. Carson, CO 

Time Lost: AWOL 34 days (070608-070712), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 070717, AWOL (070608-070712); reduction to E1, extra duty and restriction for 45 days (FG).

060815, At FOB Warhorse, Iraq, was disrespectful to a commissioned officer by calling her a derogatory name; reduction to E2 (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 040928    Current ENL Term: 3 Years  19 Weeks
Current ENL Service: 	02 Yrs, 09 Mos, 21 Days ?????
Total Service:  		02 Yrs, 09 Mos, 21 Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 88M  Motor Trans Op   GT: 102   EDU: GED   Overseas: SWA   Combat: Iraq (051212-061107)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, OSR, CAB

V.  Post-Discharge Activity
City, State:  Brandon, MS
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 8 August 2007, 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 being AWOL (070609-070712), drinking in public, obstruction of a police officer or fireman, and disrespect to a commissioned officer, with a general under honorable conditions discharge.  He was advised of his rights.  The Applicant waived consultation with legal counsel and was advised of the impact of the discharge action.  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 12 August 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.

       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 Applicant’s 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 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 the Applicant's diagnosis of PTSD outlined in the documents with his application.  However, in review of the Applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted and that the Applicant fully understood the difference between right and wrong when he committed the misconduct that caused the unit commander to initiate the separation action.  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: 15 July 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 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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090008585
______________________________________________________________________________


Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2009 | AR20090003044

    Original file (AR20090003044.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 14 August 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, for pattern of misconduct in that she blew .023 blood alcohol on (070503) and was under age, AWOL (070702-070709) and (070711-070716), failed to be at her appointed place of duty x6 (070626, 070622, 070620, 070611, 070608, 070606), with a general, under...

  • ARMY | BCMR | CY2011 | AR20110022868

    Original file (AR20110022868.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 27 August 2007, 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 a pattern of misconduct for violating a lawful general regulation, making a false official statement, disobeying a lawful order and disrespecting a superior commissioned officer, with a general, under honorable conditions discharge. The...

  • ARMY | DRB | CY2009 | AR20090015682

    Original file (AR20090015682.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 1 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 wrongfully using marijuana on three separate occasions; AWOL (070422-070521; 070522-070613; 070614-070619; 070727-070730; 070810-070813; 070814-071127); failure to report on diverse occasions; and disrespect toward an...

  • ARMY | DRB | CY2009 | AR20090006440

    Original file (AR20090006440.txt) Auto-classification: Denied

    Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Forms 293 and 149 submitted by the Applicant. On 18 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; however, the analyst noted that the applicant's current DD 214 indicates that he received an honorable discharge. The analyst noted the applicant's issue and determined that the...

  • ARMY | DRB | CY2009 | AR20090018777

    Original file (AR20090018777.txt) Auto-classification: Denied

    Applicant Name: ????? c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military record, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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...

  • ARMY | DRB | CY2009 | AR20090011634

    Original file (AR20090011634.txt) Auto-classification: Denied

    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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a honorable discharge.

  • ARMY | DRB | CY2010 | AR20100000720

    Original file (AR20100000720.txt) Auto-classification: Denied

    Applicant Name: ????? On 4 October 2007, 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Chanbe RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court...

  • ARMY | DRB | CY2012 | AR20120003221

    Original file (AR20120003221.txt) Auto-classification: Denied

    On 29 June 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 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. The applicant submitted two documents in support of the personal appearance hearing.

  • ARMY | DRB | CY2013 | AR20130012319

    Original file (AR20130012319.txt) Auto-classification: Denied

    She did not want to be discharged. On 25 July 2007, the separation authority, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service.

  • ARMY | DRB | CY2009 | AR20090002517

    Original file (AR20090002517.txt) Auto-classification: Denied

    Applicant Name: ????? 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 directs ARBA St. Louis to administratively change block 25, "Separation Authority" to "Paragraph 14-12b, block 26, "Separation Code (SPD)" to "JKA" and block 28, "Narrative Reason For Separation" changed to "Pattern of Misconduct." Board Action...