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ARMY | DRB | CY1997 | 199700131
Original file (199700131.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00131
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

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

2. Date of discharge (or REFRAD): 871106

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

         b. Reason:       For the Good of the Service
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: 860401 ASR
c. Age: 18 Years DOB: 671017
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 89 3. Highest grade achieved:
f. Actual creditable service: 1 Year
1 Month 10 Days Grade
E1

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00131
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 860814 - 860908; 861230 - 870530
         Mil conf
         Civil conf
         Other


6. Nonjudicial punishment: ( X ) NONE

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

        
         b. SPCM: ( X ) NONE


         c. GCM:  ( X ) NONE


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






         CASE NO: AD97-00131
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
Note: Mental status evaluation and physical examination pertaining to
applicant’s Chapter 10, AR 635-200, are not in file.

861124: Applicant consulted legal counsel, requested discharge under the
provisions of Chapter 10, AR 635-200, in lieu of trial by court-
martial, and did not submit a statement in his own behalf.
Note: This request for discharge is based on his first AWOL period
from 860814 - 860908.
870212: Applicant was charged with AWOL. Note: DD Form 458 (Charge
Sheet), section II, item 10, did not specified the complete dates
that the applicant was charged with AWOL. The applicant was never
officially administered the charges, due to applicant surrendering
and then medically transferred to another installation other than
his parent unit.
871104: Separation authority approved separation with an under other than
honorable conditions discharge.
871106: 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 961118.
B-1: DD Form 293, with three (3) enclosures as submitted by the
applicant.



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: AD97-00131
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, 2, 3, 4) The issues are unclear and unspecific. While the applicant’s records are not complete, the Board noted the record contains a DD Form 214, Certificate of Release or Discharge from Active Duty, which was signed by the applicant and indicates the reason and the authority for discharge. In the absence of any evidence to the contrary, the Board presumed regularity in the government's operation. There is no evidence the command did anything unusual in this case. The evidence of record shows the applicant was charged with the commission of offenses punishable under the Uniform Code Of Military Justice with a punitive discharge. The Board noted that after consulting with legal counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial. By doing so, the applicant admitted guilt to the offenses. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Finally, the Board considered the applicant's entire record of service for the period under review. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. 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: AD97-00131
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 Military Review Boards Agency
ATTN: CPCD
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-00131
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 

Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
(X) NONE
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:*¢

AD* * * * * * * A* * * A
1 10 11 12 18 20 26 41 46 49 52

A* A* A* A* A*
53 58 63 68 73

AD* 1 * A* A* A* A* A*
1 10 11 53 58 63 68 73

                           CASE NO: AD97-00131
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    




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