PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  GD  

2.  Date of discharge (or REFRAD):  930224   

3.  Authority for separation:

	a.  Regulation:  Chapter 14, AR 635-200    

	b.  Reason:  Misconduct    

4.  Prior review(s):  Records (960410)

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          NONE                       
a.  Period entered for:  3 Years               
b.  Entry date:  920623                        
c.  Age:  23 Years   DOB:  681003                                          
d.  Educational level:  HS Grad                                                 
e.  Aptitude area score:
	    GT:  110                               3.  Highest grade achieved:
    f.  Length of Service:                         E4
         0 Years  8 Months  4 Days                 
                                                   
                                               4.  Performance evaluations:  
                                                   NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  NONE
                                                                    
    Status       Inclusive dates                       
	AWOL                                                               

	Mil conf                                                           

	Civil conf                                                         

	Other                                                              

6.  Nonjudicial punishment: 

	Date 	Offense(s)
	930106    FTG, two specifications (920919), (921014); went from his appointed place of duty without authority (921001); DOLO, three specifications (920919), (921002), (921014); FOLO (921027)

7.  Court-Martial data:  NONE

	a.  SCM:  
		Date   Offense(s)

	b.  SPCM:  
		Date   Offense(s)

	c.  GCM:	 
		Date   Offense(s)

8.	Remarks:  Bar to Reenlistment (921109)     

SECTION B - Prior Service Data

Other discharge(s):

	Service	From	To	Type Discharge
	RA            880126    910929           HD
	RA            910930    920622           HD

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

	a.  Evidence of record shows that on 14 January 1993, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635 200, by reason of misconduct—commission of a serious offense, with a general, under honorable conditions discharge (GD).  The applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a GD.  On 4 January 1993, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a GD.

	b.  On 26 February 1993, the applicant was discharged with a GD.  At the time of discharge, the applicant had completed 8 months, and 4 days of his current enlistment and a total of 5 years, 1 month and 1 day of active military service.

	c.  The applicant’s record reflects that he completed just over 5 years of service; attained the rank of specialist/E-4; completed an overseas tour in Germany; served in combat during Operation Desert Storm; and earned an Army Commendation Medal.  There is an extensive documented history of disciplinary infractions which include the applicant’s acceptance of an Article 15 for two incidents of failure to go to his appointed place of duty; leaving his place of duty without authority; three incidents of disobeying a lawful order; and failure to obey a lawful order.  His punishment included a reduction in rank to private/E-2.  The record also reflects that the applicant was barred from reenlistment for issuing a dishonored check and the disciplinary record above.  His unit commander processed him for separation for commission of a serious offense citing his driving under the influence of alcohol while his driving privileges were suspended and for his being found in possession of stolen property.  The commander also commented on the applicant’s numerous other incidents of misconduct in support of his action.  

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter l4 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, 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, but a general discharge under honorable conditions or an honorable discharge may be granted.

SECTION B-APPLICANT’S SUBMISSIONS

1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 980422, with one (1) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion

Referred to ( ) Medical Advisor      ( ) Legal Advisor

      a.  Medical prehearing comments (if applicable):

      b.  Legal prehearing comments (if applicable):

PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1.  Review/hearing information:

	a. Type requested:
	   (   )  Records review             ( X )  Hearing Examiner

	b. Type Held:
	   (   )  Records review             ( X )  Hearing Examiner
	                                     (   )  Tender Offer

	c. Review/hearing location and date:  
              (1)  Video Recording Site:  Dallas, Texas on 23 February 1999.
              (2)  Board Site:            Washington D.C. on 1 March 1999.

	d. Appearance by:
	   Applicant                 ( X ) Yes   (   ) No
	   Counsel                   (   ) Yes   ( X ) No

	e.  Applicant testified:     ( X ) Yes   (   ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  New DD Form 149.

PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

	    ( X )	Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    (   )	Additional issue(s) identified during review/hearing as follows:

	b.  Request:  ( X ) Recharacterization     (   ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

	a.  Propriety:	The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

	b.  Equity:	The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

        (1)  The issue is rejected.  The Board noted the applicant’s contention that, in effect, his discharge to included his reentry eligibility (RE) code was inequitable because it was based on a charge that was dropped.  However, the Board found that there was no single incident responsible for the applicant’s separation, but instead the separation was based on multiple incidents of misconduct which clearly diminished the quality of his service below that meriting a fully honorable discharge.  Further, the Board found no evidence of arbitrary or capricious actions by the command and that the rights of the applicant were protected throughout the separation process.  Finally, the Army Discharge Review Board cannot change the applicant’s reentry eligibility (RE) code.  To obtain a change in an RE code, the applicant should provide supporting documentation to justify any change and submit the request to the Commander, US Army PERSCOM, ATTN:  TAPC-EPR-P, 2461 Eisenhower Avenue, Alexandria, Virginia  22331-0450.  To obtain a waiver for reenlistment, the applicant should contact a local Army recruiter for assistance.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	( X )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	(   )	Improper as to reason.  Change reason to                         under                      .

	( X )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	(   )	Inequitable as to reason.  Change reason to                       
		under                                 .
	(   )	Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         .

2.  Voting record:      Change   No Change
	            Reason       0         5  
    Characterization       0         5   

	  The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below.  The request must contain the CASE NO. located in the upper right corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  NONE  

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

MR. ADRIANCE                           
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SUZANNE WALKER    
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge              	C - Other 
B - Material submitted by applicant

INDEX RECORD:

AR Number:  98012537                      INDEX NUMBERS:  A9217
Date of Review:  990301                                   A9405
Character of Service:  GD                                 A9411
Date of Discharge:  930224                                A0100
Authority:  AR 635-200 C14                                
Reason:  A6730                                            
Results of Board Action/                                  
Vote/Affirmation:  NC 5-0 A                               

PART IX - VOTING RECORD

    Name                                   Reason         Characterization
                                           CHANGE   NC    HON   UHC   NC   UNCHAR
    1. 	Mbr          X                  X       

    2. 	Mbr          X                  X       

    3. 	Mbr          X                  X       

    4. 	Mbr          X                  X       

    5. 	PO           X                  X