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ARMY | DRB | CY1997 | 199700658

Original file (199700658.rtf) Auto-classification: Denied

                                    CASE NO: AD97-00658

PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

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

2. Date of discharge (or REFRAD): 881027

3. Authority for separation:

         a. Regulation: Chapter 3, AR 635-200

         b. Reason:       As a Result of Court-Martial, Other

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: 851017 ASR
c. Age: 17 Years DOB: 680204
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
         GT: 92 3. Highest grade achieved:
f. Actual creditable service: 2 Years
10 Months 23 Days Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00658

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

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 870706 - 870721; 870921 - 870928
         Mil conf 880108 - 880131
         Civil conf
         Other

6. Nonjudicial punishment: ( X ) NONE

7. Court-Martial data:

         a. SCM: ( X ) NONE


         b. SPCM:
                  Date Offense(s)
880108 Stealing $431.25 in US currency, the property of the American
Express Bank, two specifications (870731 and 870801); AWOL, two
specifications, from 870706 to 870721 and 870921 to 870928;
Violate a lawful general regulation (870824).

         c. GCM: ( X ) NONE

8.       Remarks: ( X ) NONE

SECTION B - Other Service Data
( X ) NONE

         CASE NO: AD97-00658

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

1. Summary of facts and circumstances concerning discharge:

880108: Applicant was found guilty by a special court-martial on two
specifications for stealing $431.25 in US currency, the property of
the American Express Bank (870731 and 870801); AWOL, two
specifications, from 870921 to 870928 and 870921 to 870928; DOLO
(870824).
880108: The sentence was approved. The record of trial was forwarded to the
Judge Advocate General of the Army for review by the Court of
Military Review.
880202: Applicant did not desire a separation medical examination.
880415: The United States Army Court of Military Review affirmed the
approved findings of guilty and the sentence.
880914: The sentence having been affirmed pursuant to Article 66 and Article
71 (c) having been complied with, the sentence was ordered to be
executed.
881027: 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 970127.
B-1: DD Form 293, with two (2) 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: AD97-00658

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.

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

                           CASE NO: AD97-00658

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 Military Review Boards Agency
ATTN: CPCD
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508

3. Minority views: ( X ) NA

                                    CASE NO: AD97-00658

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified



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:*¢

AD* * * * * * * A* * * A
1 10 11 12 18 20 26 41 46 49 52

A* A* A* A* A*
53 58 63 68 73

AD* 1 * A* A* A* A* A*
1 10 11 53 58 63 68 73

                           CASE NO: AD97-00658

PART IX - VOTING RECORD

Name Reason Characterization
CHANGE NC HON UHC NC UNCHAR

1. Mbr     X         X

2. Mbr     X         X

3. Mbr     X         X

4. Mbr     X         X

5. PO     X         X

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ARMY | DRB | CY1997 | 199700658

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