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ARMY | DRB | CY1997 | 199700150
Original file (199700150.rtf) Auto-classification: Denied

        

                           CASE NO: AD97-00150
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): 950711

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(5 mos ext) Type
b. Entry date: 910212 (920207) NDSM
c. Age: 21 Years DOB: 700120 ASR
d. Educational level: HS Grad OSR
e. Aptitude area scores: ( X ) NIF/NA
          GT: 109 3. Highest grade achieved:
f. Actual creditable service: 4 Years
5 Months 0 Days Grade
E4

4. Performance evaluations:
( X ) NONE



                                             CASE NO: AD97-00150
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE


6. Nonjudicial punishment:

         Nature Date
         Art 15   950223
         Art 15 950327   

7. Court-Martial data: ( X ) NONE
         

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



         CASE NO: AD97-00150
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         950413:  Unit commander notified the applicant of initiation of separation                          action under the provisions of Chapter 14, AR 635-200, for misconduct.            She was advised of her rights.
         950629:  Separation authority waived rehabilitation and approved separation                         with a general under honorable conditions discharge.
         950711:  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 961023.






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: AD97-00150
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 parenthetical numbers below correspond 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 a 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 noted the applicant’s record of nonjudicial punishment and pattern of misconduct regarding motor vehicle violations. The Board noted by the evidence of record that the applicant was notified of her separation on 13 April 1995 and acknowledged her right to consult with counsel prior to making any election of rights. The Board also noted that the separation was determined legally sufficient by the Fort Richardson Legal Services Center prior to the applicant’s separation. The Board finally noted a partially executed but unsigned election of rights and advise by counsel in her file. After carefully reviewing the applicant’s record, the Board determined that the applicant had sufficient opportunity to consult legal assistance and the lack thereof was not prejudicial to the separation action or the discharge under review. The applicant's discharge was appropriate because the quality of service determination at the time of discharge was consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By misconduct and/or poor duty performance the applicant diminished the quality of service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or the applicant’s service mitigated the misconduct or poor duty performance. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

         b. Equity:       The applicant has not submitted an issue of equity and the ADRB                                     has not otherwise relied upon an issue of equity to change the                              discharge. The major factors upon which the discharge was based                                     are set forth in Parts III and IV of this decisional document.

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

         

                  CASE NO: AD97-00150
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: AD97-00150
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL MELCHIOR
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:

AD9700150 970319 GD 950711 AR635-200 C14 A6730 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0137 A9500
53 58 63



                           CASE NO: AD97-00150
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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