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ARMY | DRB | CY1997 | 199700500
Original file (199700500.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00500
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): 951108

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: 930106 NDSM
c. Age: 19 Years DOB: 730111 ASR
d. Educational level: HS Grad C/Ach
e. Aptitude area scores: ( X ) NIF/NA
          GT: 88 3. Highest grade achieved:
f. Actual creditable service: 2 Years
10 Months 3 Days Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00500
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE


6. Nonjudicial punishment:

Date Offense
950817 Assault
         940728   Disrespect toward a NCO
7. Court-Martial data:
         a. SCM: ( X ) NONE

        
         b. SPCM: ( X ) NONE


         c. GCM:  ( X ) NONE


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

         CASE NO: AD97-00500
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
950329: Physical examination cleared applicant for separation.
950406: Mental status evaluation cleared applicant for separation.
951016: 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.
951031: Separation authority approved separation with a general discharge.
951108: 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 961212.
B-1: DD Form 293, with two (2) enclosures 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: AD97-00500
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) The issue is rejected. The record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that
he was treated unfairly by his battery commander. The Board reviewed the applicant’s entire military record and found no evience to support his claim that he had appeared before a Board which recommended he receive an honorable discharge. The Board noted that the applicant was advised by his unit commander that he was being separated based on the applicant’s commission of a serious offense, that is, assault. The Board further noted that the applicant, given the opportunity to provide a statement on his behalf, chose not to do so. In regards to veteran’s benefits, eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board. The applicant should contact a local office of the Department of Veterans Affairs for assistance on this matter. 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: AD97-00500
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: AD97-00500
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC SMITH
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:

AD9700500 970417 GD 951108 AR635-200 C14 A6730 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9411 A9235
53 58 63 68

                           CASE NO: AD97-00500
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC PHILLIPS, JOHN S. Mbr      X           X    

2. LTC SMITH, LILLIAN C. 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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