Search Decisions

Decision Text

ARMY | DRB | CY1997 | 199700711
Original file (199700711.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00711
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): 930805

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason:       Misconduct - Abuse of Illegal Drugs
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: 4 Years Type
b. Entry date: 890802 AAM
c. Age: 18 Years DOB: 710430 GCMDL
d. Educational level: 11 Years NDSM
e. Aptitude area scores: ( X ) NIF/NA ASR
          GT: 107 OSR
f. Actual creditable service: 4 Years SWASM
0 Months 4 Days KLM
3. Highest grade achieved:
Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00711
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 930223
7. Court-Martial data: ( X ) NONE
        
8.       Remarks: ( X ) NONE
SECTION B - Other Service Data

 ( X ) NONE
        







         CASE NO: AD97-00711
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
930729: Unit commander notified the applicant of initiation of separation
action under the provisions of Chapter 14, AR 635-200, for misconduct,
abuse of illegal drugs. He was advised of his rights and did not
submit a statement in his own behalf.
930730: Separation authority approved separation with a general discharge.
930805: 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 970106.



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: AD97-00711
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.
         (1) The issue is 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 Board concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed.

         (2)(3) The issues are rejected. The Army Discharge Review Board can understand the applicant's situation; and congratulates the him academic accomplishments. However, enhancement of veteran’s benefits is not a basis upon which the ADRB grants relief. The applicant should contact a local office of the Department of Veterans Affairs for assistance on this matter.

         (4) The issue is rejected. The issue is unclear and unspecific. 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: AD97-00711
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: AD97-00711
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
(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:

AD9700711 970409 GD 930805 AR 635-200 C14 A6770 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A0114 A0156 A9217 A9301 A9447
53 58 63 68 73



                           CASE NO: AD97-00711


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 ALLEN, THOMAS PO      X          X    




Similar Decisions

  • ARMY | DRB | CY1997 | 199700135

    Original file (199700135.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. The board reviewed the applicant’s entire military record as well as the documentation he attached to his DD Form 293. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

  • ARMY | DRB | CY1997 | 199700373

    Original file (199700373.rtf) Auto-classification: Denied

    Summary of facts and circumstances concerning discharge: 940324: Unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, for unsatisfactory performance. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. CASE NO: AD97-00373 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700476

    Original file (199700476.rtf) Auto-classification: Denied

    900816: Applicant was discharged.2. The Board, being convinced that the characterization of service and the reason for discharge was both proper and equitable, voted to deny relief. CASE NO: AD97-00476 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700197

    Original file (199700197.rtf) Auto-classification: Denied

    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. The Board, being convinced that the characterization of service and reason for discharge were both proper and equitable, voted to deny relief. CASE NO: AD97-00197 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified LTC WHISKER Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE...

  • ARMY | DRB | CY1997 | 199700656

    Original file (199700656.rtf) Auto-classification: Denied

    940421: Applicant was discharged. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. CASE NO: AD97-00656 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700520

    Original file (199700520.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. The Board, being convinced that the characterization of service and reason for discharge were both proper and equitable, voted to deny relief.3. CASE NO: AD97-00520 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700343

    Original file (199700343.rtf) Auto-classification: Denied

    Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity: The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. A - Application for review of discharge C - Other B - Material submitted by applicant AD9700343 970402 HD 891219 AR 635-200 C14 A6770 NC 5-0 A 1 10 11 12 18 20 26 41 46 49 52

  • ARMY | DRB | CY1997 | 199700608

    Original file (199700608.rtf) Auto-classification: Denied

    950324: Applicant was discharged.2. The evidence of record shows that the command attempted to assist the applicant in performing and conducting to Army standards by providing counseling and even by imposition of nonjudicial punishment. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

  • ARMY | DRB | CY1997 | 199700757

    Original file (199700757.rtf) Auto-classification: Denied

    Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity: The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. Voting record: ChangeNo 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.

  • ARMY | DRB | CY1997 | 199700539

    Original file (199700539.rtf) Auto-classification: Denied

    Further, the applicant’s signature is on his DD Form 214 which states the reason for separation as unsatisfactory performance. CASE NO: AD97-00539 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified LTC WHISKER Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE SECTION B - CERTIFICATION EL CARTIO BARNES Colonel, U.S. Army President, Army Discharge Review Board CASE NO: AD97-00539 PART IX - VOTING RECORD...