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ARMY | DRB | CY1997 | 199700238

Original file (199700238.rtf) Auto-classification: Denied

                                    CASE NO: AD97-00238
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): 961218

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

         b. Reason:       In Lieu of Trial by Court-Martial

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: 960117 ASR
c. Age: 20 Years DOB: 750421
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 99 3. Highest grade achieved:
f. Actual creditable service: 0 Years
5 Months 9 Days Grade
E1

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00238

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

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 960626-961013;
         Mil conf 0
         Civil conf 0
         Other 0

6. Nonjudicial punishment: ( X ) NONE

7. Court-Martial data: ( X ) NONE

8.       Remarks: ( X ) NONE

SECTION B - Other Service Data
( X ) NONE

         CASE NO: AD97-00238

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

1. Summary of facts and circumstances concerning discharge:

         961016: Applicant was charged with AWOL, from 960626 to 961013.
         961017: 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.
         961108: Unit commander recommended approval with an under other than                       honorable conditions discharge.
         961115: CPT, JA/Chief Criminal Law Divisions determined the separation                   action to be legally sufficient.
         961118: Separation authority approved the request for discharge and directed              separation with an under other than honorable conditions discharge.
         961218: Applicant was discharged.

2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         As stated on applicant’s DD Form 293.

3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 961025.

PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE

PART V - SUMMARY OF REVIEW HEARING

1. Review/Hearing information:

         a. Applicant testified: ( ) Yes ( X ) No


         b. Witness(es) testified: ( ) Yes ( X ) No


2. Exhibit(s) submitted at hearing: ( X ) NONE

                                    CASE NO: AD97-00238

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 number below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.

(1) The issue is rejected. The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) 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. In doing so, the applicant admitted guilt to the stipulated offenses under the UCMJ. 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: AD97-00238

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.

Military Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, Virginia 22202-4508

3. Minority views: ( X ) NA

                                    CASE NO: AD97-00238

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified.


COL SHATZER
Post Hearing Reviewer

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

(X) NONE

SECTION B - CERTIFICATION

Approval Authority:

WILLIAM E. MATHEWS
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:

JIMMY R. WYRICK
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

AD9700238 980420 UD 961218 AR635-200 A7100 NC 5-0A
1 10 11 12 18 20 26 41 46 49 52

A9235 A0100 A9307 A9453
53 58 63 68

                           CASE NO: AD97-00238

PART IX - VOTING RECORD

Name Reason Characterization
CHANGE NC HON UHC NC UNCHAR

1. COL JACKSON, MICHAEL H. Mbr     X         X

2. COL ALLEN, THOMAS J. Mbr     X         X

3. COL SHATZER, WILSON A. Mbr     X         X

4. COL MILLER, JOEL D. Mbr     X         X

5. COL MELCHIOR, ROBERT J. PO     X         X

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ARMY | DRB | CY1997 | 199700238

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