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ARMY | DRB | CY1997 | 199700757
Original file (199700757.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00757
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): 950922

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: 6 Years Type
b. Entry date: 920422 NDSM
c. Age: 19 Years DOB: 730408 ASR
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 126 3. Highest grade achieved:
f. Actual creditable service: 3 Years
5 Months 1 Day Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00757
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 950224
 Art 15 950505
Art 15 950620
7. Court-Martial data: ( X ) NONE
         
8.       Remarks: ( X ) NONE
SECTION B - Other Service Data

 ( X ) NONE
        







         CASE NO: AD97-00757
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
950829: Unit commander notified the applicant of initiation of separation
action under the provisions of Chapter 14, AR 635-200, for misconduct.
He was advised of his rights.
950906: Separation authority waived rehabilitation and approved separation with
a general discharge.
950922: 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 960610.



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: AD97-00757
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 rejected. The applicant’s unit commander notified him in writing that as initiating separation based on the applicant’s pattern of misconduct. The Board reviewed the applicant’s entire military record and noted three instances of nonjudicial punishment and numerous negative counseling statements.
         (2)(3) The issues are rejected. The Board found no evidence of arbitrary or capricious actions by the command nor did the applicant provide any to support his contentions. 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.

        (4) The issue is rejected. The record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that three NCO’s in his company advised him that through obtaining further negative counselings, could speed up the processing of his chapter paperwork. The applicant’s issue is unclear and unspecific as to how it is a matter on which the Army Discharge Review Board grants a change in discharge. 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: AD97-00757
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: AD97-00757
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:

AD9700757 970404 GD 950922 AR635-200 C14 A6750 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9411 A9235 A9447
53 58 63 68 73



                           CASE NO: AD97-00757
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY Mbr      X           X    

2. LTC WHISKER, JILL 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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