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ARMY | DRB | CY1997 | 199701389
Original file (199701389.rtf) Auto-classification: Approved

                                    CASE NO: AD97-01389
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): 921007

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

         b. Reason:       Misconduct - Commission Of A Serious Offense
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 NDSM
b. Entry date: 891107 ASR
c. Age: 19 Years DOB: 700910 SWASM
d. Educational level: HS Grad KLM
e. Aptitude area scores: ( X ) NIF/NA
          GT: 83 3. Highest grade achieved:
f. Actual creditable service: 2 Years
11 Months 1 Day Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-01389
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)
         920818   Wrongfully used marijuana between (920608 and 920707)
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: AD97-01389
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         920824: Physical examination cleared applicant for separation.
         920827: Mental status evaluation cleared applicant for separation.
         Undated: Unit commander notified the applicant of initiation of separation
                  action under the provisions of Chapter 14, AR 635-200, for
                  misconduct-abuse of illegal drugs. He was advised of his rights.
         920908: Applicant acknowledged notification.
         920909: Applicant consulted legal counsel and did not submit a statement in
                  his own behalf.
         920908: Unit commander recommended approval with a general under honorable
                  conditions discharge.
         920911: Intermediate commander recommended approval with a general
                  discharge.
         920924: Separation authority approved separation with a general discharge.
         921007: 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 970313.
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


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

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

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

                                    CASE NO: AD97-01389
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:
        

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.
Board Issue: (3) The discharge is inequitable.
(3) The issue is accepted. The discharge is inequitable because the applicant's quality of service determination at the time of discharge is inconsistent with the faithful and honorable service rendered by the applicant during the period of service under review by the Board. There was a full consideration of all service including infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board determined the applicant's generally acceptable personal conduct and predominately superior performance of duty outweigh the discrediting information in the service record. The applicant's failure to perform in accordance with Army standards is outweighed by service of sufficient merit to warrant an upgrade of the discharge being reviewed. Accordingly, the Board voted to change the characterization of service to honorable and the reason for separation to Secretarial Authority.


3. Response to item(s) not addressed as decisional issue(s): Inasmuch as the Board voted to grant the full relief requested, responses to the remaining issues are neither required nor rendered.




                            CASE NO: AD97-01389
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  HONORABLE                     .
         ( )      Inequitable as to reason. Change reason to  SECRETARIAL AUTHORITY under  AR 635-200               .
         ( )      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 5 0
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: AD97-01389
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

TO: Commander, ARPERCEN
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                          Uncharterized.
          (X ) Characterization of discharge be changed to Honorable.
         ( ) Characterization of discharge be changed to Under            Honorable Conditions.
         (X ) Reason and authority for discharge be changed to            Secretarial Authority under AR 635-200.
          (X ) Other (see remarks below).
 Remarks: ADRB directs ARPERCEN to send applicant new DD 214 with                 reason change


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:

AD9701389 970605 GD 921007 AR 635-200 C14 A6730 HD 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9218 A0100 A9203 A9447 A9442
53 58 63 68 73


                           CASE NO: AD97-01389
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 MATHEWS, WILLIAM PO  X     X           




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