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ARMY | DRB | CY1997 | 199700396
Original file (199700396.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00396
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Type of discharge (or characterization of service): HD

2. Date of discharge (or REFRAD): 921223
3. Authority for separation:

         a. Regulation: Chapter 16, AR 635-200

          b. Reason: Locally Imposed Bar to Reenlistment
4. Prior review(s): 940629
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
a. Period entered for: 3 Years Type
b. Entry date: 910115 NDSM
c. Age: 19 Years DOB: 710629 ASR
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 99 3. Highest grade achieved:
f. Actual creditable service: 1 Year
11 Months 9 Days Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00396
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE

6. Nonjudicial punishment:

         Date     Offense(s)
         920929 Breach of the peace (920920); assault (920920)(summarized)
 921023 FTG (921014)
7. Court-Martial data:
         a. SCM: ( X ) NONE
                  Date Offense(s)

        
         b. SPCM: ( X ) NONE
                  Date Offense(s)

         c. GCM:  ( X ) NONE
                  Date Offense(s)


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

( X ) NONE










         CASE NO: AD97-00396
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
Undated: Mental status evaluation cleared applicant for separation.
921214: Unit commander recommended applicant be barred to reenlistment.
921214: Applicant reviewed and acknowledged receiving a copy of the unit
commander’s recommendation and declined to submit a statement in his
own behalf.
921216: Approval authority approved bar to reenlistment.
921217: Applicant requested separation under the provisions of Chapter 16,
AR 635-200, locally imposed bar to reenlistment.
921217: Applicant declined separation physical.
921217: Unit commander recommended approval of applicant’s request for
separation.
921218: Separation authority approved applicant request for discharge under
the provisions of Chapter 16, AR 635-200 with issuance of an
honorable discharge.
921223: 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 960815.
B-1: DD Form 293, with nine (9) 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: AD97-00396
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: ( ) Recharacterization ( X ) 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 parenthetical numbers below correspond to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.

(1) The issue is rejected. Applicant’s issue cites Chapter 13 discharge as improper and not in compliance with applicable regulations. By the evidence of record, the applicant submitted a DA Form 4187 on 17 December 1992 requesting to be separated under the provisions of paragraph 16-5, Army Regulation 635-200, based on his perceived inability to overcome a locally imposed bar to reenlistment. The request for separation clearly stated that once separated, the applicant would not be permitted to reenlist at a later date and would be ineligible for further service. On 18 December 1992, the separating authority approved the applicant’s request and directed issuance of an honorable discharge. The Board carefully examined the applicant's record of service during the period of enlistment under review and this separation action. The Board found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, the record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that he was coerced into accepting this discharge or that the unit was not concerned with the applicant’s mental health and well being. The Board noted that the command discharged the applicant under the provisions of Chapter 16, which mandated an honorable discharge, rather than discharging him with a less than honorable discharge for incidents of documented misconduct and/or substandard duty performance. The Board, being convinced that the reason for discharge was both proper and equitable, voted to deny relief.
         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):
Regarding the applicant’s requests in supplemental statement, based on the evidence of record, the Board found the narrative reason and separation authority for discharge to be both proper and equitable. The Army Discharge Review Board cannot change the reenlistment code. To obtain a change in an RE code, the applicant should send a letter with supporting documentation directly to: Commander, US Army Personnel Command, ATTN: TAPC-EPR-P, 2461 Eisenhower Avenue, Alexandria, Virginia 22331-0450. Eligibility for veteran’s benefits does not fall within the purview of the Army Discharge Review Board. The applicant should contact a local office of the Department of Veterans Affairs for assistance on this matter.

                           CASE NO: AD97-00396
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: AD97-00396
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
(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:

AD9700396 970418 HD 921223 AR635-200 C16 A0700 NC 5-0A
1 10 11 12 18 20 26 41 46 49 52

A0113 A0100 A9500
53 58 63

                           CASE NO: AD97-00396
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 WHISKER, JILL Mbr      X          X    

5. COL MELCHIOR, ROBERT                  PO      X          X    








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