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ARMY | DRB | CY1997 | 199700755
Original file (199700755.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00755
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): 960405

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: 4 Years Type
b. Entry date: 931119 NDSM
c. Age: 18 Years DOB: 760505 ASR
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 100 3. Highest grade achieved:
f. Actual creditable service: 2 Years
4 Months 17 Days Grade
E2

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00755
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)
         960126 DOLO from SFC(951229); violate a lawful general regulation by wrongfully consuming alcoholic beverages(951229); DOLO from SGT(960117)
950922 DOLO from SFC(950907); violate a lawful general regulation
by wrongfully consuming alcoholic beverages(950808); FTG(950807); dishonorably failed to pay said debt, in the amount of $576.00(950301-950901)        

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: AD97-00755
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
960131: Physical examination cleared applicant for separation.
960207: Mental status evaluation cleared applicant for separation.
960301: Unit commander notified the applicant of initiation of
separation action under the provisions of Chapter 14,
AR 635-200, for misconduct-pattern of misconduct. He
was advised of his rights.
960302: Applicant acknowledged notification, consulted legal counsel
and did not submit a statement in his own behalf.
960304: Unit commander recommended separation with a general under
honorable conditions discharge and requested that the rehabilitation
requirements be waived.
960304: Intermediate commander recommended approval with a general
under honorable conditions discharge.
960319: Separation authority waived rehabilitation and approved
separation with a general under honorable conditions discharge.
960319: CPT, JA, Administrative Law Attorney determined the separation
action to be legally sufficient.
960405: 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 970119.



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: AD97-00755
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 reviewed the applicant’s entire military record and noted that his unit commander initiated separation based on his repeated refusal to obey lawful orders and instructions, complete disregard for his financial obligations, numerous incidents of failure to report for duty, reporting for duty with alcohol on his breath and a general lack of responsibility or concern for his personal affairs. Before initiating action to separate the applicant, the command ensured the applicant was counseled at least once about the deficiencies which could lead to separation. Additional formal counseling is discretionary. The Board noted the command made an assessment of the applicant’s potential for becoming a fully satisfactory soldier. The evidence of record established that the applicant was afforded a reasonable opportunity to overcome noted deficiencies. As the applicant did not subsequently conform to required standards of discipline and or performance, the command appropriately determined the applicant did not demonstrate the potential for further military service. 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: AD97-00755
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: AD97-00755
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC SMITH
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:

AD9700755 970417 GD 960405 AR635-200 C14 A6750 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9411 A9317
53 58 63 68

                           CASE NO: AD97-00755
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 Mbr      X          X    

4. COL MELCHIOR, ROBERT Mbr      X          X    

5. COL MATHEWS, WILLIAM PO      X          X    














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