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ARMY | DRB | CY1997 | 199701526
Original file (199701526.rtf) Auto-classification: Denied
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): 961211

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct
4. Prior review(s): ( X ) NONE
5. Action requested: ( X ) Recharacterization ( ) Change of Reason


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

 1.       Service data: 2. Awards and decorations:
                            Type
NDSM
a. Period entered for: 3 Years 16 Weeks ASR
b. Entry date: 940316 HSM
c. Age: 24 Years DOB: 691220 JMUA
d. Educational level: HS Grad
e. Aptitude area scores:
          GT: 103 3. Highest grade achieved:
f. Actual creditable service: 2 Years
8 Months 26 Days Grade
E3

4. Performance evaluations:
( X ) NONE

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)
         950607   FTG
         960124   Loss of Govt Property
         960816   Malingering

7. Court-Martial data: ( X ) NONE

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

1. Other discharge(s):

         Service            Type







PART IV - PREHEARING REVIEW
SECTION A - Facts and Issues

1. Summary of facts and circumstances concerning discharge:

960823: Applicant was found unqualified for retention due to stress
fractures to both tibias; a medical evaluation board (MEB) was
recommended.
 960828: Applicant was psychiatrically cleared for administrative processing.
 961202: Applicant was notified that action was being initiated to
separate him for misconduct under Chapter 14, AR 635-200.
 Undated: Applicant acknowledged notification of commander’s intent to
separate him.
961202: Applicant’s commander forwarded separation request to the
approving authority.
Undated: Intermediate commander recommended separation and forwarded
separation request.
961202: Approving authority approved separation and directed a GD.
 961211: Applicant is separated.
2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference: NONE
 3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 970407.
          B-1: DD Form 149, dated 970407.




PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE
PART V - SUMMARY OF HEARING
SECTION A-Attendees and exhibits

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

PART V HEARING SUMMARY
SECTION B-Case Analyst’s Summary

1. APPLICANT REQUESTS : That his GD be upgraded to an HD.


2. APPLICANT CONTENDS : Applicant makes no contentions.

3. COUNSEL CONTENDS : NA


4. SUMMARY OF SERVICE : The applicant’s military records show:

He enlisted in the Regular Army for 39 months on 16 March 1994 for airborne training and the Army cash enlistment bonus ($8,000). Upon completion of all required military training and airborne training, he was awarded Military Occupational Specialty (MOS) 11B, infantryman, and assigned to Fort Bragg, North Carolina.

At Fort Bragg, the applicant received three NJP’s and was counseled for allegedly failing a driving test on purpose. His company commander initiated action to separate him for misconduct. The action was approved by the brigade commander and the applicant was separated under the provisions of Chapter 14, AR 635-200 with a GD on 11 December 1996. He had 2 years, 8 months, and 26 days of creditable service and no lost time.


5. LEGAL/REGULATORY BASIS FOR SEPARATION : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.

6. ISSUES OF PROPRIETY : NONE


7. ISSUES OF EQUITY : NONE


8. POSSIBLE BOARD ISSUES : NONE
PART VI - ISSUES AND FINDINGS

1. 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:
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
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: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: ( X ) NA
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MR. MCGOWAN
Case Analyst and Reviewing Official     

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
(X) NONE
SECTION B - CERTIFICATION


Approval Authority:

WILLIAM E. MATHEWS
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




JIMMY R. WYRICK
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

AD9701526 980107 GD 961211 AR 635-200 C14 A6710 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A0100 A9500
53 58


REMARKS
Case Management Data

( ) Notify inquiries clerk. Response to other correspondence required upon completion of case.

( ) Escalated mode of hearing. Applicant is entitled to another review only if he/she/authorized representative appears before a hearing panel. If there is no response to notification letter or applicant/representative fails to appear for the hearing, the case will be returned to the Army Review Boards Agency Support Division, St. Louis, without action.

( X ) DD Form 149 in file. Send case to ABCMR.

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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