Search Decisions

Decision Text

ARMY | DRB | CY1997 | 199700523
Original file (199700523.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00523
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

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

2. Date of discharge (or REFRAD): 940616

3. Authority for separation:

         a. Regulation: Chapter 11, AR 635-200

         b. Reason:       Entry Level Performance and Conduct
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: 8 Years
b. Entry date: 940324
c. Age: 17 Years DOB: 760728
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 103 3. Highest grade achieved:
f. Actual creditable service: 0 Years
2 Months 23 Days Grade
E1

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00523
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 N/A
 ADT Unchar





         CASE NO: AD97-00523
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
940608: Applicant was informed of the medical findings. Additionally,
he understood that legal advice of an attorney employed by the
Army was available to him or that he may consult civilian counsel
at his own expense. He concurred with these proceedings and
requested to be discharged from the US Army without delay.
940608: Separation authority approved separation with an uncharacterized
discharge.
940616: 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 960612.



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: AD97-00523
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 Board noted from the evidence of record that the applicant received an uncharacterized separation while in an entry level status (ELS). The separation authority approved the applicant's discharge as entry level status, with the description of service as uncharacterized. A soldier is in entry level status for the first 180 days of continuous active duty. The purpose of the entry level status is to provide the soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self- discipline, ability, or attitude to become productive soldiers may be expeditiously separated while in entry level status. A general discharge is not authorized under ELS conditions. An honorable discharge is rarely ever granted for an entry level separation. The Secretary of the Army, on a case by case basis, may determine that a characterization of service as honorable is clearly warranted by unusual circumstances involving personal conduct and performance of duty. The Board determined that the applicant's service did not warrant a determination by the Secretary of the Army nor an honorable discharge. Accordingly, the Board voted to deny relief.

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

                            CASE NO: AD97-00523
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: AD97-00523
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC PHILLIPS
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:

AD9700523 970328 EL 940616 AR635-200 C11 A2900 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9447
53 58 63

                           CASE NO: AD97-00523
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY Mbr      X           X    

2. LTC SMITH, LILLIAN Mbr      X          X    

3. LTC WHISKER, JILL Mbr      X          X    

4. COL MELCHIOR, ROBERT Mbr      X          X    

5. COL MATHEWS, WILLIAM PO      X          X    






Similar Decisions

  • ARMY | DRB | CY1997 | 199700274

    Original file (199700274.rtf) Auto-classification: Approved

    The Board was satisfied that the reason for discharge was proper and equitable and voted not to change it. CASE NO: AD97-00274 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified LTC WHISKER Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE TO: Commander, ARPERCEN 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,...

  • ARMY | DRB | CY1997 | 199700697

    Original file (199700697.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD2. Summary of facts and circumstances concerning discharge: 940511: Unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, for unsatisfactory performance. CASE NO: AD97-00697 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700200

    Original file (199700200.rtf) Auto-classification: Denied

    Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity: The separation authority approved the applicant's discharge as entry level status, with the description of service as uncharacterized. CASE NO: AD97-00200 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700622

    Original file (199700622.rtf) Auto-classification: Denied

    950309: Applicant was discharged.2. The Secretary of the Army, on a case by case basis, may determine that a characterization of service as honorable is clearly warranted by unusual circumstances involving personal conduct and performance of duty. CASE NO: AD97-00622 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700457

    Original file (199700457.rtf) Auto-classification: Denied

    930706: Applicant was discharged. The Army Discharge Review Board cannot change your reenlistment code. CASE NO: AD96-00528 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700298

    Original file (199700298.rtf) Auto-classification: Denied

    Summary of facts and circumstances concerning discharge: 891026: Unit commander notified applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, for entry level status performance and conduct. CASE NO: AD97-00298 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL ALLEN Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE SECTION B - CERTIFICATION EL CARTIO...

  • ARMY | DRB | CY1997 | 199700423

    Original file (199700423.rtf) Auto-classification: Denied

    The Board also noted that the applicant concurred with the findings and requested immediate separation. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. CASE NO: AD97-00423 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified LTC SMITH Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE SECTION B -...

  • ARMY | DRB | CY1997 | 199700706

    Original file (199700706.rtf) Auto-classification: Denied

    Reason: Entry Level Performance and Conduct 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. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL MATHEWS Post Hearing Reviewer

  • ARMY | DRB | CY1997 | 199700247

    Original file (199700247.rtf) Auto-classification: Denied

    890823: Applicant was discharged. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. CASE NO: AD97-00247 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified LTC SMITH Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE SECTION B - CERTIFICATION EL CARTIO BARNES Colonel, U.S. Army President, Army Discharge Review Board

  • ARMY | DRB | CY1997 | 199700134

    Original file (199700134.rtf) Auto-classification: Denied

    Reason: Entry Level Status Performance and Conduct Summary of facts and circumstances concerning discharge: 960909: Unit commander notified applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, for entry level status performance and conduct. The Board noted from the evidence of record that the applicant received an uncharacterized separation while in an entry level status (ELS).