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ARMY | DRB | CY1997 | 199700397
Original file (199700397.rtf) Auto-classification: Approved
                                    CASE NO: AD97-00397
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

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

2. Date of discharge (or REFRAD): 960503

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
NDSM
a. Period entered for: 5 Years ASR
b. Entry date: 910827 OSR
c. Age: 18 Years DOB: 730415
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 112 3. Highest grade achieved:
f. Actual creditable service: 4 Years
8 Months 7 Days Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00397
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)
         951211   Wrongfully use marijuana (950826 - 950926).
          950912   Letter of Reprimand - Irresponsible Conduct and exercising poor
                           judgement.
         950914   Letter of Reprimand - Disorderly Conduct.
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: AD97-00397
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         951211: Mental status evaluation cleared applicant for separation.
         951206: Physical examination cleared applicant for separation.
         951128: 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.
         951127: Applicant acknowledged notification.
         951128: Applicant acknowledged notification, consulted legal counsel,
         requested a hearing by a board of officers, and did not submit a
         statement in his own behalf.
         951213: Unit commander recommended separation with an under other than
         honorable condition discharge and requested that the rehabilitation
                  transfer requirement be waived.
         951228: Intermediate commander recommended approval with an under other
         than honorable condition discharge.
         951130: Applicant again consulted with legal counsel, voluntarily waived
         consideration of his case by an administrative separation board
         contingent upon him receiving a characterization of service no less
         favorable than a general discharge under honorable condition.
         960111: Unit commander recommended disapproval of the request for a
         conditional waiver.
         960117: Intermediate commander concur with the unit commander
         recommendation.
         960215: Senior intermediate commander recommended disapproval, and requested
         that the case be heard by administrative separation board.
         960411: Applicant again consulted with legal counsel and waived a hearing by
         a board of officers. He did not submit a statement in his own
         behalf.
         960426: Separation authority approved the conditional waiver, terminated the
         administrative separation board, and directed separation with an
         under other than honorable condition discharge.
         960503: 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 961109.



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: AD97-00397
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 correspond to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.

(2) The issue is accepted. The discharge is inequitable because the applicant's quality of service determination at the time of discharge is inconsistent with the faithful and honorable service rendered by the applicant during the period of service under review by the Board. There was a full consideration of all service including infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board determined the applicant's generally acceptable personal conduct and performance of duty outweigh the discrediting information in the service record. The applicant's failure to perform in accordance with Army standards is outweighed by service of sufficient merit to warrant an upgrade of the discharge being reviewed. Accordingly, the Board voted to grant partial relief in the form of a general, under honorable conditions, discharge. The Board was satisfied that the reason for discharge was proper and equitable, and to change it would be inappropriate.

(1)&(3) The issues are rejected. The Board determined that the applicant’s misconduct and/or poor duty performance diminished the quality of his service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or the applicant’s service mitigated the misconduct or poor duty performance beyond that relief already granted by the Board above.

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

                            CASE NO: AD97-00397
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.
         ( X )    Inequitable as to characterization. Change characterization to  GENERAL UNDER HONORABLE CONDITIONS     .
         ( )      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 5 0

         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: AD97-00397
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.
( X )   Characterization of discharge be changed to Under Honorable Conditions.
( )     Reason and authority for discharge be changed to
        Misconduct under AR 635-200 .
( )     Other (see remarks below).
Remarks: ( 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:

AD9700397 970416 UD 960503 AR 635-200 C14 A6700 GD 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9408 A0100 A9406 A9447
53 58 63 68

                           CASE NO: AD97-00397
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC PHILLIPS, JOHN S. 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 PO      X      X       




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