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ARMY | DRB | CY1997 | 199701383
Original file (199701383.rtf) Auto-classification: Denied
                                    CASE NO: AD97-01383
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): 960322

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:
 Type
a. Period entered for: 6 Years ARCOM
b. Entry date: 910103 AAM
c. Age: 32 Years DOB: 580622
d. Educational level: HS Grad
e. Aptitude area scores:
         GT: 104                  3. Highest grade achieved:
f. Actual creditable service: 5 Years Grade
2 Months 19 Days E7

4. Performance evaluations:
( X ) NONE































OSA FORM 172 (REVISED) 1 MAY 94 PAGE 1

                                              CASE NO: AD97-01383

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

 5. Periods of unauthorized absence: ( X ) NONE

6. Nonjudicial punishment: ( X ) NONE                     

7. Court-Martial data: ( X ) NONE

         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

1. Other discharge(s):
         Service                   Type
         RA                         HD
         USAR              NA
         ARNG              HD
         ARNG              HD
         USAR              NA
         USAR              HD
        
        
                                  
                                  


























OSA FORM 172 (REVISED) 1 MAY 94 PAGE 2

          CASE NO: AD97-01383
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         940310: Applicant was convicted in The Seventh Judicial District Court for
        the County of Madison of the State of Idaho on seven counts of
         telephone harrassment.
          940310: Applicant was sentenced to 24 months in the Madison County Jail with     18 months suspended on the condition the probation is complied with.    Applicant was placed on probation for two years after completion of     six month sentence.    
         940803: Unit commander notified the applicant of initiation of separation
action under the provisions of Chapter 14, AR 635-200, for
misconduct-civilian conviction. He was advised of his rights.
 940825: Applicant acknowledged notification, consulted legal counsel,    requested a hearing by a board of officers, and submitted a      statement in his own behalf.
          940825:  Applicant submitted a request for conditional waiver.
         941108:  Intermediate commander recommended approval with an under other than              honorable conditions discharge.
         941108:  Separation authority approved separation with an under other than                 honorable conditions discharge.
         951003:  Physical examination cleared applicant for separation.
         960322:  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 970314.
         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

1. Review/Hearing information:

         a. Applicant testified: ( ) Yes ( X ) No

         b. Witness(es) testified: ( ) Yes ( X ) No
        

2. Exhibit(s) submitted at hearing: ( X ) NONE






OSA FORM 172 (REVISED) 1 MAY 94 PAGE 3

                                     CASE NO: AD97-01383
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 number(s) below correspond(s) to the                     issue number(s) on the DD Form 293, or in Part VI,                                  Paragraph 1 above.
(1, 2, 3, 4, 5) 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 stress adversely affected his capability to serve in the military. Even if true, the Board was of the opinion that the applicant had many other legitimate avenues open to him without committing the serious offense which led to his discharge under review. The record contains a statement by the applicant that he knew what he was doing was wrong, but that he did not seek treatment for his condition until after he was arrested. The Board examined the applicant's record of service during the period of enlistment under review. There was a full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed. 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
















OSA FORM 172 (REVISED) 1 MAY 94 PAGE 4

                            CASE NO: AD97-01383
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



























OSA FORM 172 (REVISED) 1 MAY 94 PAGE 5

                                     CASE NO: AD97-01383
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:

AD9701383 970618 GD 960322 AR 635-200 C14 A6700 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9323 A9411
53 58 63 68















OSA FORM 172 (REVISED) 1 MAY 94 PAGE 6

                            CASE NO: AD97-01383
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC WYRICK, JIMMY R. Mbr      X          X    

2. LTC PHILLIPS, JOHN S. Mbr      X          X    

3. LTC SMITH, LILLIAN C. Mbr      X          X    

4. COL ALLEN, THOMAS J. Mbr      X          X    

5. COL MELCHIOR, ROBERT J. PO      X          X    






































OSA FORM 172 (REVISED) 1 MAY 94 PAGE 7

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