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ARMY | DRB | CY1997 | 199700716
Original file (199700716.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00716
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): 930901

3. Authority for separation:

         a. Regulation: Chapter 3, AR 635-120

         b. Reason:       Miscellaneous Reasons (Unqualified Resignation)
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: 5 Years SWASM
b. Entry date: 910618
c. Age: 21 Years DOB: 691104
d. Educational level: 16 Years
e. Aptitude area scores: ( X ) NIF/NA
          GT: NA 3. Highest grade achieved:
f. Actual creditable service: 2 Years
2 Months 14 Days Grade
2LT

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00716
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 930709
          Punitive Reprimand 930715
7. Court-Martial data: ( X ) NONE
         
8.       Remarks: ( X ) NONE
SECTION B - Other Service Data

 1. Other discharge(s):

         Service Type
         USAR              NA
          ADT               Unchar
         USAR              NA





         CASE NO: AD97-00716
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         930802: Applicant tendered her unqualified resignation from the Army under the
         provisions of Chapter 3, AR 635-120, to become effective 930901 or
         soon as practicable thereafter.
         930901: HQ DA, Orders 154-16, Fort Bliss, TX, dated 930817, 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 961028.
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: AD97-00716
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, 2, 3) The issues are rejected. The record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that her discharge was based upon an isolated incident or that the order she disobeyed was unlawful. The record shows the applicant was administered an Article 15 for; entering the men’s and the women’s segregated areas of a Dairy Queen in Saudi Arabia and stealing a sign; for disobeying a lawful order from her superior commissioned officer to remain confined to Khobar Towers during her off duty time; and for failing to go to her appointed place of duty on time. The Board also noted that the applicant accepted the Article 15 without appeal. Appealing Articles 15 is not in the purview of the Discharge Review Board. If the applicant desires to remove it from her files she should apply to the Army Board for Corrections to Military Records by submitting a DD Form 149 to the address on the form. The Board found no evidence of arbitrary or capricious actions by the command. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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: AD97-00716
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: AD97-00716
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC PHILLIPS
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:

AD9700716 970314 GD 930901 AR635-200 C3 A8000 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A* A9235 A9411 A9305
53 58 63 68 73



                           CASE NO: AD97-00716
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. COL WHISKER, JILL Mbr      X          X    

5. COL MELCHIOR, ROBERT PO      X          X    








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