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ARMY | DRB | CY1997 | 199700495
Original file (199700495.rtf) Auto-classification: Approved

                                    CASE NO: AD97-00495
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): 921009

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

         b. Reason:       Misconduct - Commission Of A Serious Offense
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: 4 Years ASR
b. Entry date: 900418 OSR
c. Age: 21 Years DOB: 680827
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 110 3. Highest grade achieved:
f. Actual creditable service: 2 Years
5 Months 22 Days Grade
E4

4. Performance evaluations:
( X ) NONE



                                             CASE NO: AD97-00495
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 920807
7. Court-Martial data: ( X ) NONE
         
8.       Remarks: ( X ) NONE
SECTION B - Other Service Data

 1. Other discharge(s): ( X ) NONE








         CASE NO: AD97-00495
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         920825: Unit commander notified the applicant of initiation of separation
         action under the provisions of Chapter 14, AR 635-200, for misconduct-
         Commission of a serious offense. He was advised of his rights.
         920929: Separation authority approved separation with a general discharge.
         921008: 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 961211.



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: AD97-00495
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: (1) Characterization of service too harsh.
         
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.

(1) The issue is accepted. The Board carefully reviewed the applicant’s record and determined that t he 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 predominately superior 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 relief in the form of an upgrade of characterization of service to fully honorable.


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

                            CASE NO: AD97-00495
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        Honorable Discharge    .
         ( )      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 3 2

         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: AD97-00495
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.
                  ( X ) Characterization of discharge be changed to Honorable.
                  ( ) Characterization of discharge be changed to Under Honorable
Conditions.
                  ( ) Reason and authority for discharge be changed to
                  .
                  ( ) Other (see remarks below).
Remarks:




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     









CASE NO: AD97-00495

SECTION B - CERTIFICATION (Cont’d)


INDEX RECORD:

AD9700495 970319 GD 921009 AR 635-200 C14 A6730 HD 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9200 A0100 A9500
53 58 63



                           CASE NO: AD97-00495
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. COL ALLEN, THOMAS J. Mbr      X  X           

4. COL MELCHIOR, ROBERT J. Mbr      X  X           

5. COL MATHEWS, WILLIAM E. PO      X  X           










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