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ARMY | DRB | CY1997 | 199700453
Original file (199700453.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00453
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

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

2. Date of discharge (or REFRAD): 880129

3. Authority for separation:

         a. Regulation: Chapter 3, AR 635-200

          b. Reason:       As a result of Court-Martial
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: 850319 ASR
c. Age: 20 Years DOB: 650305
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 96 3. Highest grade achieved:
f. Actual creditable service: 2 Years
7 Months 16 Days Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00453
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL
         Mil conf 860414-860710
         Civil conf
         Other


6. Nonjudicial punishment: ( X ) NONE
7. Court-Martial data:

SPCM for Unlawful entry with intent to commit larceny two (2) specification;
larceny of personal property four (4) specification.
         

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

 ( X ) NONE
        







         CASE NO: AD97-00453
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:

860414: Applicant was found guilty by a special court-martial of unlawful entry
with intent to commit larceny two (2) specifications and larceny of
personal property four (4) specifications. He was sentenced to
confinement for onehundred-four (104) days forfeiture of $426.00 pay
per month for four (4) months and a bad conduct discharge.
 860514: The sentence was approved. The record of trial was forwarded to The
Judge Advocate General of The Army for review by the Court of Military
Review.
861031: The United States Army Court of Military Review affirmed the approved
findings of guilty and the sentence.
870220: The sentence having been affirmed pursuant to Article 71 (c) having
been complied with, the sentence was ordered to be executed.
880129: 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 961123.
B-1: DD Form 149, dated 961123.



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: AD97-00453
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 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): ( X ) NA

                            CASE NO: AD97-00453
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: AD97-00453
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL MATHEWS
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:

AD9700453 970402 BD 880129 AR 635-200 C3 A6800 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9200 A0100 A9500
53 58 63


                           CASE NO: AD97-00453
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. LTC WHISKER, JILL M. Mbr      X          X    

4. COL ALLEN, THOMAS J. Mbr      X          X    

5. COL MATHEWS, WILLIAM PO      X          X    


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