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ARMY | DRB | CY1997 | 199700252

Original file (199700252.rtf) Auto-classification: Denied

                                    CASE NO: AD97-00252

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): 930406

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:

a. Period entered for: 2 Years 17 Weeks Type
b. Entry date: 920707 NDSM
c. Age: 17 Years DOB: 741006 ASR
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
         GT: 104 3. Highest grade achieved:
f. Actual creditable service: 0 Years
9 Months 0 Days Grade
E2

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00252

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 930218

7. Court-Martial data: ( X ) NONE

8.       Remarks: ( X ) NONE

SECTION B - Other Service Data

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

         CASE NO: AD97-00252

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

1. Summary of facts and circumstances concerning discharge:

930315: 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.
930326: Separation authority approved separation with a general discharge.
930406: Applicant was discharged.

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

         ( X ) NONE

3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 960209

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: AD97-00252

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 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: AD97-00252

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: AD97-00252

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified


LTC WHISKER
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:

AD9700252 970306 GD 930406 AR635-200 C14 A6730 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9500
53 58 63

                           CASE NO: AD97-00252

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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ARMY | DRB | CY1997 | 199700252

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