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ARMY | DRB | CY1997 | 199700533
Original file (199700533.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00533

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): 900713

3. Authority for separation:

         a. Regulation: Chapter 9, AR 635-200

         b. Reason:       Alcohol Abuse - Rehabilitation Failure

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
ASR
a. Period entered for: 4 Years
b. Entry date: 890322
c. Age: 20 Years DOB: 680905
d. Educational level: GED
e. Aptitude area scores: ( X ) NIF/NA
         GT: 104 3. Highest grade achieved:
f. Actual creditable service: 1 Year
3 Months 22 Days
Grade
E4

4. Performance evaluations:
( X ) NONE


                                             CASE NO: AD97-00533

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 900308
         Art 15   900601

7. Court-Martial data: ( X ) NONE
        
8.       Remarks: ( X ) NONE


SECTION B - Other Service Data

1. Other discharge(s):

         Service Type
         RA                HD







         CASE NO: AD97-00533

PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:

         900614: Unit commander in consultation with clinical director/ADAPCP declared
         applicant a rehabilitation failure.
         900628: Unit commander notified the applicant of initiation of separation
         action under the provisions of Chapter 9, AR 635-200, for alcohol
         abuse- Rehabilitation failure. He was advised of his rights.
         900703: Separation authority approved separation with a general discharge
         under honorable condition.
         900713: 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 961213.





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: AD97-00533

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 can understand the applicant’s situation however, the Board does not grant relief soley for the purpose of allowing applicant’s to be eligible for 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.

         (2) The issue is rejected. The record reflects the applicant reenlisted in890322 and was separated 900713 and it was for this period of service that the applicant received a general under honorable conditions characterization of service. The Board reviewed the applicant’ records for this period. There was a full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed. 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: AD97-00533

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: AD97-00533

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:

AD9700533 970404 GD 900713 AR635-200 C9 A6900 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9447 A9235
53 58 63 68




                           CASE NO: AD97-00533

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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