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ARMY | DRB | CY1997 | 199700273
Original file (199700273.rtf) Auto-classification: Denied

                                    CASE NO: AD97-00273
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): 931014

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason:       Misconduct
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: 4 Years Type
b. Entry date: 910212 NSDM
c. Age: 23 Years DOB: 680122 ASR
d. Educational level: HS Grad OSR
e. Aptitude area scores: ( X ) NIF/NA
          GT: 94 3. Highest grade achieved:
f. Actual creditable service: 2 Years
8 Months 3 Days Grade
E2

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00273
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE

6. Nonjudicial punishment: ( X ) NONE
7. Court-Martial data:

GCM for conspiracy to commit larceny/housebreaking; Larceny, two (2)    specifications; housebreaking.
         

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

 ( X ) NONE
        







         CASE NO: AD97-00273
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
930719: Unit commander notified the applicant of initiation of separation
action under the provisions of Chapter 14, AR 635-200, for misconduct.
He was advised of his rights and submitted a statement in his own
behalf.
Undated: Separation authority waived rehabilitation and approved separation with
a general discharge.
931014: 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 961107
B-1: DD Form 293, with one (1) enclosure 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: AD97-00273
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) (2) (3) The issues are rejected. Even though a single incident, the Board concluded that the discrediting entry constituted a departure from the standards of conduct expected of soldiers in the Army, especially those in leadership positions. The applicable Army Regulation clearly states that there are circumstances " in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization". Having examined all the circumstances, the Board determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, bring discredit on the Army, and was prejudicial to good order and discipline. This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable 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: AD97-00273
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: AD97-00273
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:

AD9700273 970402 GD 931014 AR 635-200 C14 A6100 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A0113 A0100 A9235 A9447 A9201
53 58 63 68 73


                           CASE NO: AD97-00273
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY R. Mbr      X          X    

2. LTC SMITH, LILLIAN C. Mbr      X          X    

3. LTC WHISKER, JILL M. Mbr      X          X    

4. COL ALLEN, THOMAS J. Mbr      X          X    

5. COL MATHEWS, WILLIAM PO      X          X    




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