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ARMY | DRB | CY1997 | 199700280
Original file (199700280.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00280
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): 940216

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:
 Type
ARCOM
a. Period entered for: 6 Years AAM (1st OLC)
b. Entry date: 890316 GCMDL (3rd Awd)
c. Age: 35 Years DOB: 531224 NDSM (2)
d. Educational level: HS Grad OSR (2)
e. Aptitude area scores: ( X ) NIF/NA C/Ach
          GT: 122 3. Highest grade achieved:
f. Actual creditable service: 4 Years
11 Months 1 Day Grade
E5

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00280
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 930302
 Art 15 930429 (Summarized)
Art 15 930928
__________
Letter of reprimand - 930224 (Administrative)
Letter of reprimand - 930928 (Administrative)

7. Court-Martial data: ( X ) NONE
         

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

 1. Other discharge(s):

         Service Type
USMC HD
 RA HD





         CASE NO: AD97-00280
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
931102: 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.
940118: Board officers met; applicant appeared with counsel. The board
recommended separation with a general discharge under honorable
conditions.
940127: Separation authority approved the boards findings and recommendations
with a general under honorable conditions discharge.
940216: 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 961028.



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: AD97-00280
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 evidence of record shows that the command attempted to assist the applicant in performing and conducting to Army standards before initiating separation action by providing counseling and even by imposition of nonjudicial punishment. The applicant failed to respond appropriately to these efforts. The Board was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. 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: AD97-00280
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: AD97-00280
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC SMITH
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:

AD9700280 970321 GD 940216 AR635-200 C14 A6730 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9447
53 58 63

                           CASE NO: AD97-00280
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 SMITH, LILLIAN Mbr      X          X    

4. COL ALLEN, THOMAS Mbr      X          X    

5. COL MATHEWS, WILLIAM PO      X          X    








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