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ARMY | DRB | CY1997 | 199700135
Original file (199700135.rtf) Auto-classification: Denied

                                    CASE NO: AD97-00135
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): 960306

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

         b. Reason:       Misconduct
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: 930525 AAM
c. Age: 23 Years DOB: 690810 NDSM
d. Educational level: HS Grad ASR
e. Aptitude area scores: ( X ) NIF/NA
          GT: 108 3. Highest grade achieved:
f. Actual creditable service: 2 Years
8 Months 28 Days Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00135
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE

 Status Inclusive dates
         AWOL 950918-951001
         Mil conf
         Civil conf
         Other


6. Nonjudicial punishment: ( X ) NONE
                
7. Court-Martial data:

SCM for AWOL and failure to repair.    

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

 1. Other discharge(s): ( X ) NONE

        







         CASE NO: AD97-00135
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         960205: Unit commander notified the applicant of initiation of
         separation action under the provisions of Chapter 14, AR 635-
200, for misconduct. He was advised of his rights.
        960226: Separation authority waived rehabilitation and approved separation
         with a general under honorable conditions discharge.
         960306: 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 961026.
B-1: DD Form 293, with seven (7) enclosures as submitted by the applicant.
C-1: DD Form 149, dated 960907.



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: AD97-00135
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 board reviewed the applicant’s entire military record as well as the documentation he attached to his DD Form 293. The Board determined that this documentation does not support the applicant's contention that his unit commander harassed him or treated him unfairly.

         (2) The issue is rejected. The issue is not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process nor is it associated with the discharge at the time of issuance.


         (3) (4) The issues are rejected. The issues are unclear and unspecific. The applicant’s military records indicate he had established a pattern of misconduct which included instances of failing to report for duty, being absent without leave, disobeying a lawful order and disrespect to a noncommissioned officer. The Board found no evidence of arbitrary or capricious actions by the command. 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. 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: AD97-00135
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: AD97-00135
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC WHISKER
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:

AD9700135 970314 GD 960306 AR635-200 C14 A6750 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9411 A9447 A9453
53 58 63 68 73



                           CASE NO: AD97-00135
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY Mbr      X          X    

2. LTC PHILLIPS, JOHN Mbr      X          X    

3. LTC SMITH, LILLIAN Mbr      X          X    

4. COL WHISKER, JILL Mbr      X          X    

5. COL MELCHIOR, ROBERT PO      X          X    








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