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ARMY | DRB | CY1997 | 199700754
Original file (199700754.rtf) Auto-classification: Approved
                                    CASE NO: AD97-00754
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

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

2. Date of discharge (or REFRAD): 851112

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

         b. Reason:       For the Good of the Service - In Lieu of Court-Martial

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
AAM
a. Period entered for: 4 Years GCMDL
b. Entry date: 820406 NCOPDR
c. Age: 20 Years DOB: 611227 ASR
d. Educational level: HS Grad C/Ach (2)
e. Aptitude area scores: ( X ) NIF/NA C/A
GT: 130 L/C (3)
         3. Highest grade achieved:
f. Actual creditable service: 3 Years
7 Months 7 Days Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00754

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 830421
Art 15 830524


7. Court-Martial data: ( X ) NONE
        

8.       Remarks: ( X ) NONE


SECTION B - Other Service Data

1. Other discharge(s):

         Service Type
USAR NA
ADT HonRel
USAR NA






         CASE NO: AD97-00754

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

1. Summary of facts and circumstances concerning discharge:

850927: Applicant was charged with wrongfully possessing approximately 2.2
grams of marihuana.
851001: Applicant consulted legal counsel, requested discharge under the
provisions of Chapter 10, AR 635-200, in lieu of trial by court-
martial, and did not submit a statement in his own behalf.
851024: Separation authority approved separation with an under other than
honorable conditions discharge.
851112: Applicant was discharged.


2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         See atached DD Form 293.

3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 960722.






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: AD97-00754

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 (2) The characterization of service is inequitable.

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.

(2) The issue is accepted. The Board determined that the characterization of service was inequitable. The discharge is inequitable because the applicant's quality of service determination at the time of discharge was inconsistent with the service rendered by the applicant during the period of service under review by the Board. There was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses. The applicant's failure to perform in accordance with Army standards is mitigated by service of sufficient merit to warrant an upgrade of the discharge being reviewed. Accordingly, the Board voted grant relief in the form of an upgrade of characterization of service to general, under honorable conditions.


3. Response to item(s) not addressed as decisional issue(s): ( 1 ) Inasmuch as the Board voted to grant partial relief, responses to remaining issue is neither required nor hereby rendered.



                           CASE NO: AD97-00754

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.
         ( X )    Inequitable as to characterization. Change characterization to         GENERAL UNDER HONORABE CONDITIONS.
         ( )      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 5 0

         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: AD97-00754

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

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.
( X )   Characterization of discharge be changed to Under Honorable Conditions.
( )     Reason and authority for discharge be changed to
        Misconduct under AR 635-200 .
( )     Other (see remarks below).

Remarks: ( 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     
       
CASE NO: AD97-00754

SECTION B - CERTIFICATION (Con’d)

INDEX RECORD:

AD9700754 970402 UD 851112 AR 635-200 C10 A7000 GD 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9406 A0100 A9235
53 58 63


                           CASE NO: AD97-00754

PART IX - VOTING RECORD

Name  Reason Characterization
CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY R. Mbr      X      X       

2. LTC SMITH, LILLIAN C. Mbr      X      X      

3. LTC WHISKER, JILL M. Mbr      X      X       

4. COL ALLEN, THOMAS J. Mbr      X      X       

5. COL MATHEWS, WILLIAM PO      X      X       


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