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ARMY | DRB | CY1997 | 199700249
Original file (199700249.rtf) Auto-classification: Approved
                                    CASE NO: AD97-00249
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): 850430

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

         b. Reason:       Misconduct - Commission of a Serious Offense
4. Prior review(s): ( X ) NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
 ( X ) NONE
a. Period entered for: 3 Years Type
b. Entry date: 820927 GCMDL
c. Age: 20 Years DOB: 620714 NCOPDR
d. Educational level: HS GED
e. Aptitude area scores: ( X ) NIF/NA
          GT: 97 3. Highest grade achieved:
f. Actual creditable service: 2 Years
7 Months 4 Days Grade
E5

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00249
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   850408  

7. Court-Martial data: ( X ) NONE
         

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

 1. Other discharge(s):

         Service Type
         RA HD

         CASE NO: AD97-00249
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         850410:  Unit commander notified the applicant of initiation of separation                          action under the provisions of Chapter 14, AR 635-200, for misconduct                      - commission of a serious offense. He was advised of his rights.
         850424:  Separation authority approved separation with a general under                               honorable conditions discharge.
         850403:  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 960408.






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: AD97-00249
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:
         ( X )   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 corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(4) Board issue: Under current standards the narrative reason for discharge is inequitable.

(4) The issue is accepted. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the Board voted under current standards to change the narrative reason on the DD Form 214 to misconduct.

         b. Equity:       The parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(4) Board issue: Under current standards the narrative reason for discharge is inequitable.

(4) The issue is accepted. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the Board voted under current standards to change the narrative reason on the DD Form 214 to misconduct.
(1, 2, 3) The issues are rejected. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a non-commissioned officer (NCO) at the time. The applicant, as an NCO, had the duty to support and abide by the Army's drug policy. By using illegal drugs the applicant knowingly risked his/her military career. This misconduct diminished the quality of service below that meriting a fully honorable discharge. additionally, The Army Discharge Review Board cannot change your reenlistment code. To obtain a change in an RE code, the applicant should send a letter with supporting documentation directly to:
Commander, US Army PERSCOM, ATTN: TAPC-EPR-P, 2461 Eisenhower Avenue, Alexandria, Virginia 22331-0450. To obtain a waiver for reenlistment, the applicant should contact a local Army recruiter for assistance. 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 characterization of service was both proper and equitable, voted to deny relief.
3. Response to item(s) not addressed as decisional issue(s): ( X ) NA

                            CASE NO: AD97-00249
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                       .
         ( )      Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( X )    Inequitable as to reason. Change reason to  MISCONDUCT            
                  under  AR635-200                       .
         ( )      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 5 0
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: AD97-00249
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC PHILLIPS
Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: Commander, ARPERCEN Date:

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that:

 ( )     Characterization of discharge be changed to Uncharacterized.
( )     Characterization of discharge be changed to Honorable.
( )     Characterization of discharge be changed to Under Honorable Conditions.
( X )   Reason and authority for discharge be changed to
        Misconduct under AR 635-200 .
( )     Other (see remarks below).
Remarks: ADRB directs Cdr, ARPERCEN to issue a revised DD Form 214, to reflect the reason change to the applicant.


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     

                                    CASE NO: AD97-00249


SECTION B - CERTIFICATION


INDEX RECORD:

AD9700249 970218 GD 850430 AR635-200 C14 A6730 MD 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9442 A0100 A9235 A9445
53 58 63 68

                           CASE NO: AD97-00249
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 WHISKER, JILL Mbr  X             X    

4. COL MELCHIOR, ROBERT Mbr  X             X    

5. COL MATHEWS, WILLIAM PO  X             X    








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