Search Decisions

Decision Text

ARMY | DRB | CY2009 | AR20090020006
Original file (AR20090020006.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2009/11/12	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: 090219
Discharge Received: 			   Date: 090429   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 591st MP Co, Ft Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): date NIF, drunk and disorderly, disrespect to an NCO and wrongful damaging of government property (080907); reduction to E1, confinement for 1 month (SCM).

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 070720    Current ENL Term: 5 Years  ?????
Current ENL Service: 	1 Yrs, 09Mos, 10Days ?????
Total Service:  		1 Yrs, 09Mos, 10Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 31B10 Military Police   GT: 120   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  St. Petersburg, FL
Post Service Accomplishments: None submitted

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 17 February 2009, 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 pattern of misconduct for being drunk and disorderly (080907), caused damage to government property by striking a glass window and causing bodily injury to himself and disrespecting a NCO by spitting and cursing, with a general, under honorable conditions discharge.  
       He was advised of his rights.  On 18 February 2009, 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 unit commander subsequently recommended separation from the Army 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 26 March 2009, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       The record contains a Military Police Report dated 7 September 2008.

       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 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 issue and determined that 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.
       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: 22 April 2010         Location: Atlanta, GA

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 AR20090020006
______________________________________________________________________________


Page 3 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2011 | AR20110006527

    Original file (AR20110006527.txt) Auto-classification: Denied

    Applicant Name: ????? 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. 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 Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary...

  • ARMY | DRB | CY2007 | AR20070011761

    Original file (AR20070011761.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 16 December 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of misconduct for committing numerous military and civilian violations, to include writing bad checks, making false official statements, AWOL (971210-971211), failure to report (971212), with a general under honorable conditions discharge. The...

  • ARMY | DRB | CY2010 | AR20100020759

    Original file (AR20100020759.txt) Auto-classification: Denied

    Applicant Name: ????? Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I'm fully rehabilitated to utilize the benefits that I put money toward. On 23 September 2002, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

  • ARMY | DRB | CY2008 | AR20080008124

    Original file (AR20080008124.txt) Auto-classification: Denied

    The applicant declined legal counsel , voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions, 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. On 25 April 1997, the separation...

  • ARMY | DRB | CY2007 | AR20070011284

    Original file (AR20070011284.txt) Auto-classification: Denied

    Since Active Army duty I have almost finished my associate’s degree, have been in the Army National Guard for two years now and did one tour with them and just extended for another tour. I think the main reason my discharge should be upgraded is because of the circumstances surrounding my discharge and the fact that I was treated unfairly, again I wasn’t barred from re-enlistment and I was discharged on the date of my ETS, for family problems. Furthermore, the DD Form 214 shows a...

  • ARMY | DRB | CY2010 | AR20100011519

    Original file (AR20100011519.txt) Auto-classification: Denied

    Applicant Name: ????? On 5 August 2009, 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: No Change RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial...

  • ARMY | DRB | CY2009 | AR20090015966

    Original file (AR20090015966.txt) Auto-classification: Denied

    On 4 June 2009, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting a fully honorable honorable discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicant's record of service during...

  • ARMY | DRB | CY2008 | AR20080003784

    Original file (AR20080003784.txt) Auto-classification: Denied

    The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge, and indicated that this was a standard pregnancy separation with no extenuating circumstances or pertinent issues. Army Regulation 635-200, Chapter 8, paragraph 8-3b, states that prior to characterization of service as under honorable conditions, the Soldier will be advised of the specific factors in the service record that...

  • ARMY | DRB | CY2009 | AR20090007571

    Original file (AR20090007571.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 16 September 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12a, AR 635-200, by reason of misconduct—for minor disciplinary infractions which included frequent failures to report and disobeying lawful orders from superior commissioned officers, with a general, under honorable conditions discharge. Board Action Directed...

  • ARMY | DRB | CY2009 | AR20090000488

    Original file (AR20090000488.txt) Auto-classification: Denied

    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...