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ARMY | DRB | CY1997 | 199700593
Original file (199700593.rtf) Auto-classification: Approved
                                    CASE NO: AD97-00593
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): 910911

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
a. Period entered for: 6 Years AAM
b. Entry date: 881102 NDSM
c. Age: 24 Years DOB: 631118 SWASM w/3BSS
d. Educational level: 13 Years ASR
e. Aptitude area scores: OSR
          GT: 122                                             C/Ach
f. Actual creditable service: 2 Years C/A
10 Months 10 Days L/A

                                                                        3. Highest grade achieved:
 Grade
E4

4. Performance evaluations:
( X ) NONE



























OSA FORM 172 (REVISED) 1 MAY 94 PAGE 1

                                              CASE NO: AD97-00593

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

 5. Periods of unauthorized absence: ( X ) NONE

 6. Nonjudicial punishment:
                  
         Date               Offense(s)
          910425            FOLO from Commander 284th Military Police Company Billets                                            Standard Operating Procedures (SOP)
                          
7. Court-Martial data: ( X ) NONE

         a. SCM:           ( X ) NONE
         Date              Offense(s)

        
         b. SPCM:                  ( X ) NONE
                  Date               Offense(s)


         c.       GCM:              ( X ) NONE
                  Date               Offense(s)


8.       Remarks: ( X ) NONE



SECTION B - Other Service Data
( X ) NONE
                                  
                                  

































OSA FORM 172 (REVISED) 1 MAY 94 PAGE 2

          CASE NO: AD97-00593
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         910716:  Mental status evaluation cleared applicant for separation.
         910722:  Physical examination cleared applicant for separation.
         910808:  Unit commander notified the applicant of initiation of separation                 action under the provisions of Chapter 14, AR 635-200, for                         misconduct-commission of serious offense. She was advised of her                  rights.
         910808:  Unit commander recommended separation with a honorable discharge.
 910812:  Applicant acknowledged notification, consulted legal counsel, and        submitted a statement in her own behalf.
          910821:  Intermediate commander recommended approval with a honorable                       discharge.
         910821:  Staff Judge Advocate determined the separation to be legally                       sufficient.
         910826:  Separation authority waived rehabilitation and approved separation                with a general discharge.
         910911:  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 970107.
         


PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE
PART V - SUMMARY OF REVIEW HEARING

1. Review/Hearing information:

         a. Applicant testified: ( ) Yes ( X ) No

         b. Witness(es) testified: ( ) Yes ( X ) No
        

2. Exhibit(s) submitted at hearing: ( X ) NONE











OSA FORM 172 (REVISED) 1 MAY 94 PAGE 3

                                     CASE NO: AD97-00593
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:
        

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 number(s) below correspond(s) to the                     issue number(s) on the DD Form 293, or in Part VI,                                  Paragraph 1 above.
Board Issue: The characterization of service is too harsh.

(4) The issue is accepted. The Board examined the applicant's record of service during the period of enlistment under review. 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 noted that the applicant had served in Iraq and received an Army Achievement Medal for the deployment. The Board also noted that the unit and battalion commanders both recommended separation with an honorable discharge. Considering all the facts, the Board concluded that the characterization of service was too harsh. Therefore, the Board voted to change the characterization of service to honorable. The Board, being convinced that the reason for discharge was proper and equitable, to change it would be inappropriate.
       
3. Response to item(s) not addressed as decisional issue(s): Inasmuch as the Board voted to grant the full relief requested, responses to the remaining issues are neither required nor rendered.

















OSA FORM 172 (REVISED) 1 MAY 94 PAGE 4

                            CASE NO: AD97-00593
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                              .
         ( X )    Inequitable as to reason. Change reason to M ISCONDUCT    under   AR635-200                               .
         ( )      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 5 0
Characterization 5 0

         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



























OSA FORM 172 (REVISED) 1 MAY 94 PAGE 5

                                     CASE NO: AD97-00593
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

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.
( X )   Reason and authority for discharge be changed to
        MISCONDUCT UNDER AR 635-200 .
( )     Other (see remarks below).
Remarks: ( 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:

AD9700593 970604 GD 910911 AR635-200 C14 A6730 HD 5-0A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9447
53 58 63

OSA FORM 172 (REVISED) 1 MAY 94 PAGE 6

                            CASE NO: AD97-00593
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC WYRICK, JIMMY Mbr  X     X           

2. LTC PHILLIPS, JOHN Mbr  X     X           

3. LTC SMITH, LILLIAN Mbr  X     X           

4. COL ALLEN, THOMAS Mbr  X     X           

5. COL MATHEWS, WILLIAM PO  X     X           



































OSA FORM 172 (REVISED) 1 MAY 94 PAGE 7

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