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ARMY | DRB | CY1997 | 199700660
Original file (199700660.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00660
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): 941006

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: 5 Years Type
b. Entry date: 920605 NDSM
c. Age: 21 Years DOB: 701204 ASR
d. Educational level: 13 Years
e. Aptitude area scores: ( X ) NIF/NA
         GT: 114 3. Highest grade achieved:
f. Actual creditable service: 2 Years
4 Months 2 Days Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00660

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)
         940808 FTG (940720)
940526 Derelict in the performance of your duties; failed
to return to Bivouac after night school(940517)
        

7. Court-Martial data:

a. SCM: ( X ) NONE

b. SPCM: ( X ) NONE

c. GCM: ( X ) NONE


8.       Remarks: ( X ) NONE


SECTION B - Other Service Data
( X ) NONE







         CASE NO: AD97-00660

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

1. Summary of facts and circumstances concerning discharge:

940819: Physical examination cleared applicant for separation.
940906: Mental status examination cleared applicant for separation.
940927: Unit commander notified the applicant of initiation of
separation action under the provisions of Chapter 14,
AR 635-200, for misconduct. He was advised of his rights.
940928: Applicant acknowledged notification, consulted legal counsel,
and did not submit a statement in his own behalf.
940929: Unit commander recommended separation with an honorable discharge
and requested that the rehabilitation requirements be waived.
940930: Separation authority waived rehabilitation and approved
separation with a general discharge.
941006: 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 970128.
B-1: DD Form 293, with one(1) enclosure 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: AD97-00660

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 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), (2) (3) The issues are rejected. The applicant's discharge was appropriate because the quality of service at the time of discharge was determined to be inconsistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By misconduct and poor duty performance, the applicant diminished the quality of service below that meriting a fully honorable discharge. The Board noted that the Army did provide counseling via non-judicial punnishment and counseling statements and rehabilitation opportunities via the Community Counseling Center. The Separation Authority properly waived further rehabilitation attempts at the time of approval of applicant’s discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. 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: AD97-00660

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: AD97-00660

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

(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:

AD9700660 970416 GD 941006 AR 635-200 C14 A6700 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0147 A9447
53 58 63


                           CASE NO: AD97-00660



PART IX - VOTING RECORD

Name  Reason Characterization
CHANGE NC HON UHC NC UNCHAR

1. LTC PHILLIPS, JOHN S. Mbr      X          X    

2. LTC SMITH, LILLIAN C. 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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