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ARMY | DRB | CY1997 | 199700490
Original file (199700490.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00490
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): 930513

3. Authority for separation:

         a. Regulation: AR 135-178

          b. Reason:       NIF
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: 2 Years
b. Entry date: 911207
c. Age: 23 Years DOB: 680613
d. Educational level: 15 Years
e. Aptitude area scores: ( X ) NIF/NA
          GT: 111 3. Highest grade achieved:
f. Actual creditable service: 1 Year
5 Months 7 Days Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00490
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 ELS
USAR HD





         CASE NO: AD97-00490
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
Note: Facts and circumstances pertaining to applicant’s discharge proceedings
under the provisions of AR 135-178, are not in the file.

930513: DA, HQ US Army Reserve Command 3800 North Camp Creek SW, Orders
135-058, discharged applicant form the United States Army Reserve with
an under other than honorable conditions discharge.
 930513: Applicant was discharged.
2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
See attached DD From 293.
3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 961204.
B-1: DD Form 149, dated 961204.



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: AD97-00490
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 corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
         (1) thru (3) The issues are rejected. The Board reviewed the applicant’s entire military record. The applicant enlisted in the Army Reserve, on 7 December 1991, for eight years, six of which were to be served in a TPU. He was subsequently separated 930513. It is this period of service for which the other than honorable conditions characterization of service was given, and therefore, is the period under review by the Board. The records reflect that the applicant began missing scheduled UTAs or MTAs. His unit commander attempted to notify him of the consequences of these absences by sending him notification letters, by certified mail, to the address the applicant had given to the unit. However, these notifications were unclaimed and subsequently returned to the unit. The Board noted that that address is the same return address as listed on the applicant’s DD Form 293. The Board subsequently concluded the reason for discharge and characterization of service were both proper and equitable, and voted to deny relief.

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

                            CASE NO: AD97-00490
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: AD97-00490
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC WHISKER
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:

AD9700490 970404 UD 930513 AR135-178 A8400 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9235 A9301
53 58 63 68



                           CASE NO: AD97-00490
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY Mbr      X           X    

2. LTC WHISKER, JILL Mbr      X          X    

3. COL ALLEN, THOMAS Mbr      X          X    

4. COL MELCHIOR, ROBERT Mbr      X          X    

5. COL MATHEWS, WILLIAM PO      X          X    










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