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ARMY | DRB | CY1997 | 199700654
Original file (199700654.rtf) Auto-classification: Approved
                                    CASE NO: AD97-00654
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): 940124

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: 930302 C/Ach
c. Age: 36 Years DOB: 561206
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
         GT: 115 3. Highest grade achieved:
f. Actual creditable service: 0 Years
10 Months 23 Days Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00654

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 931115

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: AD97-00654

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

1. Summary of facts and circumstances concerning discharge:

         931217:  Unit commander notified 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.
         940110:  Separation authority approved separation with a general under                               honorable conditions discharge.
         940124:  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 961219.
B-1: DD Form 293, with sixteen (16) 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: AD97-00654

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:

         Board Issue (5) The Board raised an issue that the characterization of service was inequitable.

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.

(5) The issue is accepted. The characterization of service was inequitable. The discharge is inequitable because the applicant's quality of service determination at the time of discharge was inconsistent with the faithful and honorable service rendered by the applicant during the period of service under review by the Board. There was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses. Clearly, the applicant's generally acceptable personal conduct and performance of duty mitigated the discrediting entries in the service record. The applicant's failure to perform in accordance with Army standards is certainly outweighed by service of sufficient merit to warrant an upgrade of the discharge being reviewed. Accordingly, the Board voted grant relief in the form of an upgrade of characterization of service to fully honorable. The Board also determined that the reason change was inequitable and voted to change it to Secretarial Authority.

(4) The issue is rejected. Eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

3. Response to item(s) not addressed as decisional issue(s): (1-3) Inasmuch as the Board voted to grant the full relief requested, responses to remaining issues are neither required nor hereby rendered.



                           CASE NO: AD97-00654

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  SECRETARIAL AUTHORITY   
                  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

                                    CASE NO: AD97-00654

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL MATHEWS
Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION 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, United States Code, Section 1553, in the case of the applicant named in Part I directs that:

         ( ) Characterization of discharge be changed to Uncharterized.
         (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            Secretarial Authority 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:

AD9700654 970321 GD 940124 AR635-200 C14 A6700 HD 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9406 A0157 A9411 A9447
53 58 63 68
                           CASE NO: AD97-00654


PART IX - VOTING RECORD

Name  Reason Characterization
CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY Mbr  X     X           

2. LTC WHISKER, JILL M. Mbr  X     X           

3. COL ALLEN, THOMAS J. Mbr  X     X           

4. COL MELCHIOR, ROBERT J. Mbr  X     X           

5. COL MATHEWS, WILLIAM PO  X     X           








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