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ARMY | DRB | CY1997 | 199700101
Original file (199700101.rtf) Auto-classification: Approved

                                    CASE NO: AD97-00101
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): 910207

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

         b. Reason:       Misconduct - Drug Abuse
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: 3 Years Type
b. Entry date: 880209 ASR
c. Age: 18 Years DOB: 690824
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 122 3. Highest grade achieved:
f. Actual creditable service: 2 Years
10 Months 20 Days Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00101
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 900726-900808; 901213-910108
         Mil conf
         Civil conf
         Other


6. Nonjudicial punishment:

         Nature Date
         Art 15 910115
Art 15 900722  

7. Court-Martial data: ( X ) NONE
         

8.       Remarks: ( X ) NONE
SECTION B - Other Service Data
(X) NONE







         CASE NO: AD97-00101
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
910110: Applicant was charged with wrongfully using marijuana (901203).
910122: Unit commander notified the applicant of initiation of
separation action under the provisions of Chapter 14,
AR 635-200, for misconduct-drug abuse. He was advised
of his rights.
910128: Separation authority waived rehabilitation and approved
separation with a general discharge.
910207: Applicant was discharged.
         

2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         See attached DD Form 293.

 3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 961008.



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: AD97-00101
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:
         ( X )   Additional issue(s) identified during review/hearing as follows:
         BOARD ISSUE: (2) The narrative reason for discharge is improper.

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 parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(2) The issue is accepted. The separation authority approved the applicant’s separation under the provisions of chapter 14, AR 635-200, for a pattern of misconduct. The narrative reason listed on the applicant’s DD Form 214 (misconduct-drug abuse) is improper. Regulations currently in effect list the narrative reason for the applicant’s discharge as misconduct. The Board voted to change the narrative reason to misconduct.

         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 Board examined the applicant's record of service during the period of enlistment under review. There was full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed. 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):

The record reflects that the separation authority was a major, acting commander, with summary court-martial convening authority. The applicable regulation requires a special court-martial convening authority to approve this type separation. The Board noted the error but did not find it prejudicial to the applicant, considering the serious misconduct which led to his separation.

                            CASE NO: AD97-00101
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( )      Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( X )    Improper as to reason. Change reason to  Misconduct             under  AR 635-200           .
         ( 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 5 0
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: CPCD
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-00101
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL ALLEN
Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: Commander, ARPERCEN           Date:

          The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that:

                   ( ) Characterization of discharge be changed to Uncharacterized.
                  ( ) Characterization of discharge be changed to Honorable.
                  ( ) Characterization of discharge be changed to Under Honorable
Conditions.
                  ( X ) Reason and authority for discharge be changed to
                  Misconduct under AR 635-200 .
                  ( X ) Other (see remarks below).
Remarks: ADRB directs Commander ARPERCEN to issue applicant new DD 214 with      change.


SECTION B - CERTIFICATION


Approval Authority:

EL CARTIO BARNES
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SHERRY HILL SARGENT
Major, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

AD9700101 970313 GD 910207 AR 635-200 C14 A6770 MD 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9200 A0100 A9447 A9445
53 58 63 68

                           CASE NO: AD97-00101
PART IX - VOTING RECORD

 Name & Rank Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY R. Mbr  X             X    

2. LTC PHILLIPS, JOHN S. Mbr  X           X    

3. LTC SMITH, LILLIAN C. Mbr  X             X    

4. COL ALLEN, THOMAS J. Mbr  X             X    

5. COL MATHEWS, WILLIAM E. PO  X             X    




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