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ARMY | DRB | CY1997 | 199700203
Original file (199700203.rtf) Auto-classification: Denied

                                    CASE NO: AD97-00203
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

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

2. Date of discharge (or REFRAD): 960909

3. Authority for separation:

         a. Regulation: Chapter 13, AR 635-2200

          b. Reason:       Unsatisfactory Performance
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: 6 Years Type
b. Entry date: 941114 MSM
c. Age: 39 Years DOB: 550803 GCMDL
d. Educational level: 16 Years
e. Aptitude area scores: ( X ) NIF/NA
          GT: 123 3. Highest grade achieved:
f. Actual creditable service: 1 Year
9 Months 26 Days Grade
E7

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00203
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 960318
7. Court-Martial data: ( X ) NONE
        
8.       Remarks: ( X ) NONE
SECTION B - Other Service Data

 1. Other discharge(s):

         Service Type
USAF HD
 USAFR HD
RA HD
RA HD
RA HD





         CASE NO: AD97-00203
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
960315: Unit commander notified the applicant of initiation of Separation
action under the provisions of Chapter 13, AR 635-200, for
unsatisfactory performance. He was advised of his rights.
960814: Separation authority approved separation with an honorable discharge.
960909: 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 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: AD97-00203
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: ( ) Recharacterization ( X ) 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 ADRB carefully reviewed the applicant’s file. The record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that his discharge should have been suspended pending a medical review. By the evidence of record and information available to the Board, the applicant was provided a separation physical in Jacksonville, FL, without any significant abnormalities or medical problems noted. Based upon his separation physical, there was no indication that a medical evaluation board (MEB), the first step to a physical evaluation board (PEB), was either required or warranted. The Board finally noted that upon application to the Office of Veteran Affairs (VA) for service connected disability compensation, the applicant’s claims were denied. The Board finally found no evidence of arbitrary or capricious actions by the command. It 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.
(2) The issue is rejected. By the evidence of record, after consultation with counsel, the applicant waived consideration of his case by a board of officers under the conditions that he been given an honorable discharge. This conditional waiver was accepted by the command and the applicant was issued an honorable discharge. The Board determined that the applicant, by his actions to submit a conditional waiver and to accept an honorable discharge, further waived his request for a rehabilitative transfer or other rehabilitation actions.

 (3) The issue is rejected. T he Army Discharge Review Board is not empowered to make administrative corrections to the DD 214. The applicant should write to the Commander, US Army Reserve Personnel Center (ARPERCEN), 4700 Page Avenue, St. Louis, Missouri 63132-5200, detailing those corrections to be made and providing whatever information is available to the applicant to substantiate that request.
3. Response to item(s) not addressed as decisional issue(s): ( X ) NA

                            CASE NO: AD97-00203
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: AD97-00203
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:

AD9700203 970328 HD 960909 AR 635-200 C13 A4900 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A0113 A0147 A9321
53 58 63

                           CASE NO: AD97-00203
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. LTC WHISKER, JILL Mbr      X          X    

5. COL MELCHIOR, ROBERT PO      X          X    






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