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ARMY | DRB | CY1997 | 199700462
Original file (199700462.rtf) Auto-classification: Approved
                                    CASE NO: AD97-00462
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): 960229

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:
 ( X ) NONE
a. Period entered for: 3 Years
b. Entry date: 940607
c. Age: 25 Years DOB: 690420
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 109 3. Highest grade achieved:
f. Actual creditable service: 1 Year
8 Months 23 Days Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00462
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE

6. Nonjudicial punishment: ( X ) NONE
7. Court-Martial data: ( X ) NONE
        
8.       Remarks: ( X ) NONE
SECTION B - Other Service Data

 1. Other discharge(s):

         Service Type
         USAR              NA
         ADT               UNCHAR
         USAR              NA
         RA                HD





         CASE NO: AD97-00462
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         Applicant’s Charge Sheet, NIF.
Unknown:        Applicant was charged with making a false official statement and                  forgery.
960220:         Applicant consulted legal counsel, requested discharge under the                  provisions of Chapter 10, AR 635-200, in lieu of trial by court-                           martial, and did not submit a statement in his own behalf.
960221:         Separation authority approved separation with an under other than                 honorable conditions discharge.
960229:         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.
C-1: DD Form 149, dated 961004.





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: AD97-00462
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:
         ( X )   Additional issue(s) identified during review/hearing as follows:
         
Board issue: (5) Separation authority and reason incorrect on applicant’s DD Form 214.
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.
(5) The issue is accepted. The Board noted that the applicant's record contains a DD Form 214, Certificate of Release or Discharge from Active Duty, which was signed by the applicant and indicates the reason and the authority for discharge. The Board further noted, however, that the separation authority, separation code, and narrative reason for separation on the DD Form 214 are incorrect by the evidence of record in the applicant’s file. The applicant was separated under the provisions of AR 635-200, Chapter 10, and blocks 25, 26 and 28 on the applicant’s 214 should read “AR 635-200, Chapter 10”, “KFS”, and “In Lieu of Trial by Court Martial” respectively. The Board determined that the reason for discharge on the applicant’s DD Form 214 was improperly changed by an authority involved in the discharge process.
(1 - 4) The issues are rejected. The applicant's record is void of specific facts and circumstances concerning the events which led to the applicant's discharge. The evidence of record shows the applicant was charged with the commission of offense(s) punishable under the Uniform Code Of Military Justice with a punitive discharge. The Board noted that after consulting with legal counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial. By doing so, the applicant admitted guilt to the offenses of false official statement and forgery. 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. Finally, the Board considered the applicant's entire record of service for the period under review. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. After carefully reviewing the available record, 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: AD97-00462
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: AD97-00462
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.
( )     Characterization of discharge be changed to Under Honorable Conditions.
( )     Reason and authority for discharge be changed to
        .
( X )   Other (see remarks below).
Remarks: ADRB directs Cdr, ARPERCEN to change block 25 on DD Form 214 to read AR 635-200, CHAPTER 10, block 26 to read KFS, and block 28 to read In Lieu of Trial by CourtMartial.




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:

AD9700462 970328 UD 960229 AR635-200 C14 A6700 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A0156 A0100 A9235 A9311
53 58 63 68
                           CASE NO: AD97-00462
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 MELCHIOR, ROBERT PO      X          X    








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