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ARMY | DRB | CY1997 | 199700427
Original file (199700427.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00427
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): 960313

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:
a. Period entered for: 3 Years Type
b. Entry date: 931116 AAM
c. Age: 20 Years DOB: 730320 NDSM
d. Educational level: HS Ged ASR
e. Aptitude area scores: ( X ) NIF/NA
          GT: 108 3. Highest grade achieved:
f. Actual creditable service: 2 Years
3 Months 28 Days Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00427
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 951026
 Art 15 960119
7. Court-Martial data: ( X ) NONE
         
8.       Remarks: ( X ) NONE
SECTION B - Other Service Data

 ( X ) NONE








         CASE NO: AD97-00427
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
960129: 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.
Undated: Separation authority waived rehabilitation and approved separation with
a general under honorable conditions discharge.
960313: Applicant was discharged.

 2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         ( X ) NONE
3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 961118
B-1: DD Form 293, with one (1) enclosure 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: AD97-00427
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 applicant has not submitted an issue of equityty and the ADRB has not otherwise relied upon an issue of equity to change the discharge.
3. Response to item(s) not addressed as decisional issues: The Board noted the letter submitted by the applicant. 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 poor duty performance the applicant diminished the quality of service below that meriting a fully honorable or general 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. The Board found no evidence of arbitrary or capricious actions by the command. The Board was satisfied that all requirements of law and regulation 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.


                            CASE NO: AD97-00427
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: AD97-00427
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC PHILLIPS
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:

AD9700427 970409 GD 960313 AR635-200 C14 A6700 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9447 A9445
53 58 63 68

                           CASE NO: AD97-00427
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. LTC WHISKER, JILL Mbr      X          X    

5. COL ALLEN, THOMAS PO      X          X    












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