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ARMY | DRB | CY1997 | 199700299
Original file (199700299.rtf) Auto-classification: Denied

                                    CASE NO: AD97-00299
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): 900823

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: 4 Years Type
b. Entry date: 870909 AAM
c. Age: 18 Years DOB: 690804 ASR
d. Educational level: HS Grad C/Ach (2)
e. Aptitude area scores: ( X ) NIF/NA
          GT: 111 3. Highest grade achieved:
f. Actual creditable service: 2 Years
11 Months 15 Days Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00299
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 900108
 Art 15 900430
Art 15 Undated
7. Court-Martial data: ( X ) NONE
         

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

         CASE NO: AD97-00299
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
900529: Unit commander notified the applicant of initiation of separation
action under the provisions of Chapter 14, AR 635-200, for misconduct -
commission of serious offense. He was advised of his rights.
900626: Separation authority waived rehabilitation and approved separation with
a general under honorable conditions discharge.
900823: 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 twenty-six (26) enclosures 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: AD97-00299
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 Board examined the applicant's record of service during the period of enlistment under review. There was 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 found no evidence that the applicant received a general court-martial. However, the Board concluded that the discrediting entries in the applicant's record diminished the quality of his service below that meriting an 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: AD97-00299
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: AD97-00299
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL ALLEN
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:

AD9700299 970321 GD 900823 AR635-200 C14 A6770 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9447
53 58 63

                           CASE NO: AD97-00299
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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