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ARMY | DRB | CY1997 | 199700672
Original file (199700672.rtf) Auto-classification: Approved
                                    CASE NO: AD97-00672
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): 920612

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
 NDSM
a. Period entered for: 4 Years ASR
b. Entry date: 910315
c. Age: 20 Years DOB: 700710
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 98 3. Highest grade achieved:
f. Actual creditable service: 1 Year
2 Months 28 Days Grade
E2

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00672
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 920413
7. Court-Martial data: ( X ) NONE
         
8.       Remarks: ( X ) NONE
SECTION B - Other Service Data

 1. Other discharge(s): ( X ) NONE

        







         CASE NO: AD97-00672
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 14, AR 635-200, for misconduct-
         Commission of a serious offense. He was advised of his
         rights.
         920604: Separation authority approved separation with a general discharge.
         920612: 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 930608.



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: AD97-00672
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: (4) Under current standards of AR 635-200, the narrative reason for discharge is inequitable.
        
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.
(4) The issue is accepted. Regulations currently in effect list the reason for the applicant's discharge as misconduct. The Board determined that such a reason change would represent an enhancement of the applicant’s current discharge. Accordingly, the Board voted under current standards to change the narrative reason on the DD Form 214 to misconduct. The Board was satisfied that the characterization of service was proper and equitable, and to change it would be inappropriate.

 (1),(2)&(3) The issues are rejected. 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 applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in the applicant as a soldier at the time. As a soldier the applicant had the duty to support and abide by the Army's drug policy. By using illegal drugs the applicant knowingly risked receiving a less than fully honorable discharge. The Board found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.


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

                            CASE NO: AD97-00672
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.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( X )    Inequitable as to reason. Change reason to  Misconduct         
                  under  AR 635-200   .
         ( )      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 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: AD97-00672
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL MELCHIOR
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
        Misconduct under AR 635-200 .
( )     Other (see remarks below).
Remarks: ADRB directs Commander ARPERCEN to issue applicant new DD 214 with      reason change.
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:

AD9700672 970328 GD 920612 AR 635-200 C14 A6730 MD 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9442 A0100 A9411 A9217
53 58 63 68

                           CASE NO: AD97-00672

PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY Mbr  X              X    

2. LTC PHILLIPS, JOHN Mbr  X             X    

3. LTC SMITH, LILLIAN Mbr  X             X    

4. LTC WHISKER, JILL Mbr  X             X    

5. COL MELCHIOR, ROBERT PO  X             X    








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