Search Decisions

Decision Text

ARMY | DRB | CY1997 | 199701514
Original file (199701514.rtf) Auto-classification: Denied
                                    CASE NO: AD97-01514
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Type of discharge (or characterization of service): UOHC

2. Date of discharge (or REFRAD): 870504

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

         b. Reason:       For the Good of the Service - In Lieu of Court-Martial
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: 3 Years (26 Mos Ext) Type
b. Entry date: 821005 (851003) GCMDL
c. Age: 22 Years DOB: 591220 OSR
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 105 3. Highest grade achieved:
f. Actual creditable service: 4 Years
0 Months 11 Days Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-01514
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 860902 - 870320
         Mil conf
         Civil conf
         Other


6. Nonjudicial punishment: ( X ) NONE

7. Court-Martial data: ( X ) NONE

8.       Remarks: Applicant received an Article 15, date unknown (See Form
USAARMC)
SECTION B - Other Service Data

1. Other discharge(s):

 Service Type
RA HD

         CASE NO: AD97-01514
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
870324: Applicant waived a separation medical examination.
870325: Applicant was charged with AWOL from 860902 to 870320.
870326: Applicant consulted legal counsel, requested discharge under the
provisions of Chapter 10, AR 635-200, in lieu of trial by court-
martial, and did not submit a statement in his own behalf.
870331: Unit commander recommended approval with an under other than
honorable conditions discharge.
870331: Senior intermediate commander recommended approval with an under
other than honorable conditions discharge.
870403: Separation authority approved separation with an under other than
honorable conditions discharge.
870504: 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 970406.



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: AD97-01514
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.
(1-4) The issues are rejected. The evidence of record shows that the applicant was charged with the commission of an offense punishable under the Uniform Code Of Military Justice with a punitive discharge. The Board noted that after consulting with legal counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial. By doing so, the applicant admitted guilt to the offense of being absent without leave. 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. Finally, the Board considered the applicant's entire record of service for the period under review; it also noted that the characterization of service for this type of discharge is normally Under Other Than Honorable Conditions and that the applicant was aware of this prior to requesting 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: AD97-01514
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: AD97-01514
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL ALLEN
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:

AD9701514 970618 UD 870504 AR 635-200 C10 A7100 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9235 A0100 A9217 A9447
53 58 63 68

                           CASE NO: AD97-01514

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    




Similar Decisions

  • ARMY | DRB | CY1997 | 199700751

    Original file (199700751.rtf) Auto-classification: Denied

    CASE NO: AD97-00751 PART III - SERVICE HISTORYSECTION A - Period of Service Under Review - Continued 5. CASE NO: AD97-00751 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL MATHEWS Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE SECTION B - CERTIFICATION EL CARTIO BARNES Colonel, U.S. Army President, Army Discharge Review Board CASE NO: AD97-00751 PART IX - VOTING RECORD Name Reason...

  • ARMY | DRB | CY1997 | 199700607

    Original file (199700607.rtf) Auto-classification: Denied

    870512: Applicant was discharged.2. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. CASE NO: AD97-00607 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified LTC PHILLIPS Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE SECTION B - CERTIFICATION EL CARTIO BARNES Colonel, U.S. Army President, Army...

  • ARMY | DRB | CY1997 | 199700279

    Original file (199700279.rtf) Auto-classification: Denied

    ( ) Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to under .2. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant CASE NO: AD97-00279 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700267

    Original file (199700267.rtf) Auto-classification: Denied

    951206: Unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, for entry level performance and conduct. CASE NO: AD97-00267 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL ALLEN Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE SECTION B - CERTIFICATION EL CARTIO BARNES Colonel, U.S. Army President, Army Discharge Review Board CASE...

  • ARMY | DRB | CY1997 | 199700143

    Original file (199700143.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. CASE NO: AD97-00143 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700121

    Original file (199700121.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. CASE NO: AD97-00121 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified LTC WYRICK Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE SECTION B - CERTIFICATION EL CARTIO BARNES Colonel, U.S. Army President, Army Discharge Review Board CASE NO: AD97-00121 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700501

    Original file (199700501.rtf) Auto-classification: Denied

    921218: Applicant was discharged. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL MATHEWS Post Hearing Reviewer

  • ARMY | DRB | CY1997 | 199700749

    Original file (199700749.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. ( ) Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to under .2. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1997 | 199701313

    Original file (199701313.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. CASE NO: AD97-01313 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL MATHEWS Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE SECTION B - CERTIFICATION EL CARTIO BARNES Colonel, U.S. Army President, Army Discharge Review Board CASE NO: AD97-01313 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1997 | 199700110

    Original file (199700110.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. CASE NO: AD97-00110 PART III - SERVICE HISTORYSECTION A - Period of Service Under Review - Continued 5. CASE NO: AD97-00110 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.