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ARMY | DRB | CY1996 | 199600270
Original file (199600270.rtf) Auto-classification: Denied
                                    CASE NO: AD96-00270
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Type of discharge (or characterization of service): GD

2. Date of discharge (or REFRAD): 930701

3. Authority for separation:

         a. Regulation: Chapter 13, AR 635-200

         b. Reason:       Unsatisfactory Performance
4. Prior review(s): ( X ) NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:

a. Period entered for: 4 Years Type
b. Entry date: 901031 NDSM
c. Age: 18 Years DOB: 720822 ASR
d. Educational level: HS Grad OSR
e. Aptitude area scores:
         GT: 108 3. Highest grade achieved:
f. Actual creditable service: 2 Years
7 Months 3 Days Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD96-00270
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 930303-930330;
         Mil conf
         Civil conf
         Other


6. Nonjudicial punishment:

         Date     Offense(s)
         930421   AWOL (930303-930330)    

7. Court-Martial data:
         a. SCM: ( X ) NONE
                  Date Offense(s)

        
         b. SPCM: ( X ) NONE
                  Date Offense(s)

         c. GCM:  ( X ) NONE
                  Date Offense(s)


8.       Remarks: Creditable service differ from DD Form 214, item 12(c), applicant has a period of AWOL, not shown on DD Form 214, DA Form 2-1, See DA Form 2627.
SECTION B - Other Service Data
( X ) NONE

         CASE NO: AD96-00270
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         930416:  Physical examination cleared applicant for separation.
         930421:  Mental status evaluation cleared applicant for separation.
         930621:  Unit commander notified the applicant of initiation of separation                 action under the provisions of Chapter 13, AR 635-200, for                         unsatisfactory performance. He was advised of his rights.
         930621:  Applicant acknowledged notification, waived legal counsel, and did                not submit a statement in his own behalf.
         930621:  Unit commander recommended separation and requested that the                       rehabilitative transfer requirements be waived.
         930622:  Separation authority waived rehabilitation and approved separation                with a general discharge.
         930628:  Asst. Staff Judge Advocate determined the separation action to be                 legally sufficient.
         930701:  Applicant was discharged.
2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
          (1) “ Discharge was based on my work performance, I feel I was put in a          work enviorment that hurt my performance. My performance on the job was          judged in a biased fashion.”
3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 960119.






PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE
PART V - SUMMARY OF REVIEW HEARING


         a. Applicant testified: ( ) Yes ( X ) No

        
         b. Witness(es) testified: ( ) Yes ( X ) No
        

2. Exhibit(s) submitted at hearing: ( X ) NONE

                                    CASE NO: AD96-00270
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, Paragraph 2.
         ( )     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 numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(1) The issue is rejected. The record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that his work was judged in a biased fashion. The evidence of record reflects that the command attempted to assist the applicant in performing and conducting to Army standards by providing counseling and even by imposition of nonjudicial punishment. The applicant failed to respond appropriately to these efforts. The Board was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. 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 to item(s) not addressed as decisional issue(s): ( X ) NA

                           CASE NO: AD96-00270
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.

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



3. Minority views: ( X ) NA

                                    CASE NO: AD96-00270
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
LTC SMITH
Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
(X) NONE
SECTION B - CERTIFICATION


Approval Authority:

WILLIAM E. MATHEWS
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




JIMMY R. WYRICK
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

AD9600270 971024 GD 930701 AR635-200 C13 A4900 NC 5-0A 10 11 12 18 20 26 41 46 49 52

A0113 A0100 A9447
53 58 63



                           CASE NO: AD96-00270
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC SMITH, LILLIAN C. Mbr      X          X    

2. COL JACKSON, MICHAEL H. Mbr      X          X    

3. COL MELCHIOR, ROBERT J. Mbr      X          X    

4. COL MILLER, JOEL D. Mbr      X          X    

5. COL ALLEN, THOMAS J. PO      X          X    






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