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ARMY | DRB | CY1997 | 199701314
Original file (199701314.rtf) Auto-classification: Denied

                                    CASE NO: AD97-01314
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): 921230
3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct - Pattern of 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 14 Weeks Type
b. Entry date: 890725 NDSM
c. Age: 21 Years DOB: 671110 ASR
d. Educational level: HS Grad MFOM
e. Aptitude area scores: ( X ) NIF/NA
          GT: 105 3. Highest grade achieved:
f. Actual creditable service: 3 Years
5 Months 6 Days Grade
E2

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-01314
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)
910613 FTG,(910526); FOLO, from SFC (910526).
920207 Disrespectful in language towards SFC, (920129); FOLO, from SFC (920129)
 920326 Disrespectful in language towards SGT, (920202)
920330 Unlawfully strike his wife, (920208)
920720 FTG, (920614); disrespectful in language towards SGT,
(920614); as a result of wrongful over indulgence in
intoxicating liquor or drugs, was incapacitated for the proper
performance of his duties, on or about (920614).
7. Court-Martial data:
         a. SCM: ( X ) NONE
                  Date Offense(s)

        
         b. SPCM: ( X ) NONE
                  Date Offense(s)

         c. GCM:  ( X ) NONE
                  Date Offense(s)


8.       Remarks: ( X ) NONE
SECTION B - Other Service Data
( X ) NONE

         CASE NO: AD97-01314
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
Undated: 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.
Undated: Applicant acknowledged notification.
Undated: Unit commander recommended separation with an under other than
honorable conditions discharge.
920813: Applicant consulted legal counsel, waived a hearing by a board of
officers contingent upon him receiving a characterization of service
no less favorable than a general under honorable conditions
discharge and did not submit a statement in his own behalf.
921013: Intermediate commander recommended disapproval of conditional
waiver, waiver of rehabilitation requirement and separation with an
under other than honorable conditions discharge.
921014: Senior intermediate commander recommended disapproval of conditional
waiver, and recommended waiver of rehabilitation requirement be                           waived and separation with an under other than honorable conditions              discharge.
921109:         Applicant was notified to appear before a board of officers, and                 advised of his rights.
 921124: Board of officers met; applicant appeared with counsel. The board
recommended separation with an under other than honorable conditions
discharge.
921202: Staff Judge Advocate recommended approval of the board’s
recommendation.
921214: Separation authority approved separation with an under other than
honorable conditions discharge.
921230: Applicant was discharged.
2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
( X ) NONE
 3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 970319.



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: AD97-01314
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 applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.
3. Response to item(s) not addressed as decisional issue(s): ( X ) NA

                            CASE NO: AD97-01314
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 Military Review Boards Agency
ATTN: CPCD
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-01314
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 

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:*¢

AD* * * * * * * A* * * A
1 10 11 12 18 20 26 41 46 49 52

A* A* A* A* A*
53 58 63 68 73

AD* 1 * A* A* A* A* A*
1 10 11 53 58 63 68 73

                           CASE NO: AD97-01314
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. Mbr      X          X    

2. Mbr      X          X    

3. Mbr      X          X    

4. Mbr      X          X    

5. PO      X          X    




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