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ARMY | DRB | CY1997 | 199700134

Original file (199700134.rtf) Auto-classification: Denied

                                    CASE NO: AD97-00134

PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

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

2. Date of discharge (or REFRAD): 960917

3. Authority for separation:

         a. Regulation: Chapter 11, AR 635-200

         b. Reason:       Entry Level Status Performance and Conduct

4. Prior review(s): ( X ) NONE

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

1.       Service data: 2. Awards and decorations:
( X ) NONE

a. Period entered for: 2 Years 16 Weeks
b. Entry date: 960820
c. Age: 19 Years DOB: 770301
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
         GT: 101 3. Highest grade achieved:
f. Actual creditable service: 0 Years
0 Months 28 Days Grade
E1

4. Performance evaluations:
( X ) NONE

CASE NO: AD97-00134

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

5. Periods of unauthorized absence: ( X ) NONE

6. Nonjudicial punishment: ( X ) NONE

7. Court-Martial data: ( X ) NONE

8. Remarks: ( X ) NONE

SECTION B - Other Service Data
( X ) NONE

CASE NO: AD97-00134

PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:

         960909: Unit commander notified applicant of initiation of separation action                       under the provisions of Chapter 11, AR 635-200, for entry level status          performance and conduct. He was advised of his rights.
         960911: Separation authority approved separation with an entry level status                        uncharacterized discharge.
         860917: 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 961002.
B-1: DD Form 293, with four (4) 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: AD97-00134

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) The issues are rejected. The Board noted from the evidence of record that the applicant received an uncharacterized separation while in an entry level status (ELS). The separation authority approved the applicant's discharge as entry level status, with the description of service as uncharacterized. A soldier is in entry level status for the first 180 days of continuous active duty. The purpose of the entry level status is to provide the soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self- discipline, ability, or attitude to become productive soldiers may be expeditiously separated while in entry level status. A general discharge is not authorized under ELS conditions. An honorable discharge is rarely ever granted for an entry level separation. The Secretary of the Army, on a case-by-case basis, may determine that a characterization of service as honorable is clearly warranted by unusual circumstances involving personal conduct and performance of duty. The Board determined that the applicant's service did not warrant a determination by the Secretary of the Army nor an honorable discharge. Accordingly, the Board voted to deny relief.

3. Response to item(s) not addressed as decisional issue(s): ( X ) NA

CASE NO: AD97-00134

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: CPCD
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508

3. Minority views: ( X ) NA

CASE NO: AD97-00134

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified


COL MATHEWS
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:

AD9700134 970319 EL 960917 AR635-200 C11 A2900 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9447 A9215
53 58 63 68

CASE NO: AD97-00134

PART IX - VOTING RECORD

Name Reason Characterization
CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY R. Mbr     X         X

2. LTC SMITH, LILLIAN C. Mbr     X         X

3. COL ALLEN, THOMAS J. Mbr     X         X

4. COL MELCHIOR, ROBERT J. Mbr     X         X

5. COL MATHEWS, WILLIAM E. PO     X         X

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ARMY | DRB | CY1997 | 199700134

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