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ARMY | DRB | CY1997 | 199700285
Original file (199700285.rtf) Auto-classification: Approved



                                    CASE NO: AD97-00285
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): 920131

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: 6 Years Type
b. Entry date: 890720 NDSM
c. Age: 18 Years DOB: 710424 ASR
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 123 3. Highest grade achieved:
f. Actual creditable service: 2 Years
6 Months 12 Days Grade
E3

4. Performance evaluations:
( X ) NONE



                                             CASE NO: AD97-00285
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   910917  

7. Court-Martial data: ( X ) NONE
         

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



         CASE NO: AD97-00285
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         920121:  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.
         920128:  Separation authority approved separation with a general under                               honorable conditions discharge.
         920131:  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 961105.






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: AD97-00285
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:
         
Board Issue: (4) Under current standards of AR 635-200, the narrative reason for discharge is inequitable.


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.
(4) The issue is accepted. Regulations currently in effect list the reason for the applicant's discharge as misconduct. The Board determined that such a reason change would represent an enhancement of the applicant’s current discharge. Accordingly, the Board voted under current standards to change the narrative reason on the DD Form 214 to misconduct. The Board was satisfied that the characterization of service was proper and equitable, and to change it would be inappropriate.

(1),(2)&(3) The issues are rejected. The Board carefully 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 Board examined the Article 15 received by the applicant and referenced in his issues, counseling statements regarding his performance and conduct, and character references submitted by other soldiers to the separating authority. The applicant provided no further evidence demonstrating that either the command's action was erroneous or the applicant’s service mitigated the misconduct or poor duty performance.


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

                           CASE NO: AD97-00285
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   AR 635-200          .
         ( )      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: AD97-00285
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

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 Commander ARPERCEN to issue applicant new DD 214 with      reason change.




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: AD97-00285

SECTION - B CERTIFICATION (Cont’d)


INDEX RECORD:

AD9700285 970319 GD 920131 AR635-200 C14 A6730 MD 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9200 A0100 A9453
53 58 63

        

                  CASE NO: AD97-00285
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. COL ALLEN, THOMAS J. Mbr  X             X    

4. COL MELCHIOR, ROBERT J. Mbr  X             X    

5. COL MATHEWS, WILLIAM E. PO  X             X    








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