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ARMY | DRB | CY1997 | 199700245
Original file (199700245.rtf) Auto-classification: Denied

                                    CASE NO: AD97-00245
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): 840803

3. Authority for separation:

         a. Regulation: Chapter 13, AR 635-200

          b. Reason:       Unsatisfactory Performance & 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:
a. Period entered for: 3 Years Type
b. Entry date: 821019 AAM
c. Age: 19 Years DOB: 621207 ASR
d. Educational level: GED
e. Aptitude area scores: ( X ) NIF/NA
          GT: 109 3. Highest grade achieved:
f. Actual creditable service: 1 Year
9 Months 15 Days Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00245
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 830816
Art 15 840209 (Summarized)
Art 15 840709
7. Court-Martial data: ( X ) NONE
        
8.       Remarks: DA Form 4126, Bar to Reenlistment Certificate, is the source
document for Article 15 dated 830816.
SECTION B - Other Service Data

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









         CASE NO: AD97-00245
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
840720: Unit commander notified the applicant of initiation of Separation
action under the provisions of Chapter 13, AR 635-200, for
unsatisfactory performance and conduct. He was advised of his rights
and did not submit a statement in his own behalf.
840726: Separation authority waived rehabilitation and approved separation with
a general under honorable conditions discharge.
840803: 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 960129



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: AD97-00245
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 US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD form 293 requesting a change in discharge. Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable. The Defense Discharge Review Standards specifically state: "No factors shall be established that require automatic change or denial of a change in discharge."

(2) 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 determined that 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.


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

                            CASE NO: AD97-00245
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: AD97-00245
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:

AD9700245 970306 GD 840803 AR635-200 C13 A4900 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9447 A9453
53 58 63 68

                           CASE NO: AD97-00245
PART IX - VOTING RECORD

 Name & Rank Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY Mbr      X          X    

2. LTC SMITH, LILLIAN Mbr     X          X    

3. LTC WHISKER, JILL Mbr      X          X    

4. COL ALLEN, THOMAS Mbr      X          X    

5. COL MELCHIOR, ROBERT PO      X          X    




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