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ARMY | DRB | CY1997 | 199700627
Original file (199700627.rtf) Auto-classification: Approved
                                    CASE NO: AD97-00627
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

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

2. Date of discharge (or REFRAD): 960708

3. Authority for separation:

         a. Regulation: Chapter 9, AR 635-200

         b. Reason:       Alcohol 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:
a. Period entered for: 6 Years Type
b. Entry date: 911119 ARCOM NCOPDR
c. Age: 18 Years DOB: 730216 AAM ASR
d. Educational level: HS Grad GCMDL C/Ach
e. Aptitude area scores: ( X ) NIF/NA NDSM
          GT: 110 3. Highest grade achieved:
f. Actual creditable service: 4 Years
7 Months 20 Days Grade
E5

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00627
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
(X) NONE





         CASE NO: AD97-00627
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:

Undated: Unit commander notified the applicant of initiation of
 separation action under the provisions of Chapter 9,
AR 635-200, for alcohol rehabilitation failure. She
was advised of her rights.
960611: Separation authority waived rehabilitation and directed
transfer to the Individual Ready Reserve with service
characterized as an honorable discharge.
960708: Applicant was released from active duty.

         

2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         See attached:

 3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 961219.
B-1: DD Form 293, with ten(10) 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: AD97-00627
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 ( X ) 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 parenthetical numbers below correspond to the issue numbers                           on the DD Form 293, or in Part VI, Paragraph 1, above.

(1) (2) (3) (4) The issues are accepted. The Board reviewed the applicant’s issues and concluded that since she had not been enrolled in the
ADAPCP program, to separate her under the provisions of Chapter 9, was improper. Therefore, the Board voted to change the applicant’s reason for discharge to Secretarial Authority, the authority for discharge to Chapter 5, para 5-3, the separation code to KFF and the reenlistment code to RE1.    The ADRB does not have the authority to reinstate the applicant. However, the applicant may request reinstatement by applying to the Army Board for the Correction of Military Records (ABCMR) through submission of DD Form 149 (enclosed). The Board will retain the applicant’s military records at this location for a period of 60 days pending her submission of DD Form 149. The application should be sent to Director, Army Council of Review Boards, Attn: SP4 Thompson, 1941 Jefferson Davis Highway, Arlington, Virginia 22202-4508. If the application is not received within 60 days her records will be returned to ARPERCEN.
        

b. Equity: The applicant has not submitted an issue of equity and the ADRB has                     not otherwise relied upon an issue of equity to change the                                 discharge.



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

                            CASE NO: AD97-00627
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( )      Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( X )    Improper as to reason. Change reason to  Secretarial Authority  under  AR 635-200           .
         ( )      Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( X )    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 5 0
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: AD97-00627
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

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.
( )     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
        Secretarial Authority under AR 635-200 .
( )     Other (see remarks below).
Remarks: The ADRB directs Commander ARPERCEN to issue new DD 214 as follows: change block 25 to read “Chapter 5, para 5-3; change block 26 to read “KFF; and change block 27 to read “1”.



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
CASE NO: AD97-00627

SECTION B - CERTIFICATION (Cont’d)

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant     

INDEX RECORD:

AD9700627 970328 GD 960708 AR 635-200 C9 A6900 MD 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A0114 A0100 A9500
53 58 63

                           CASE NO: AD97-00627




PART IX - VOTING RECORD

 Name Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. WYRICK, JIMMY R. Mbr  X             X    

2. PHILLIPS, JOHN S. Mbr  X             X    

3. SMITH, LILLIAN C. Mbr  X             X    

4. WHISKER, JILL M. Mbr  X             X    

5. MELCHIOR, ROBERT E. PO  X             X    




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