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ARMY | DRB | CY1997 | 199701541
Original file (199701541.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): BCD

2. Date of discharge (or REFRAD): 930219

3. Authority for separation:

         a. Regulation: Chapter 3, AR 635-200

          b. Reason: As a result of Court-Martial, other
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:
         
a. Period entered for: 3 Years Type
b. Entry date: 900227 ASR
c. Age: 18 Years DOB: 710925
d. Educational level: HS Grad
e. Aptitude area scores:
GT: 89 3. Highest grade achieved:
f. Actual creditable service: 2 Years
9 Months 10 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

 Status Inclusive dates
         AWOL
         Mil conf
         Civil conf
         Other


6. Nonjudicial punishment: ( X ) NONE
         Date     Offense(s)
        


7. Court-Martial data:

         a. SCM: ( X ) NONE
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)
 921029 Assaulted a PV2, on 9 Aug 91, by cutting her with a dangerous
weapon, a broken bottle. Wrongfully communicated to
                                    PV2 a threat to kill her on 9 Aug 91.

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


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

1. Other discharge(s):( X ) NONE






PART IV - PREHEARING REVIEW
SECTION A - Facts and Issues

1. Summary of facts and circumstances concerning discharge:
911029: Applicant was found guilty by a special court-martial of threat to                assault and assaulting another soldier. She was sentenced to                     confinement for 3 months, forfeit of $502.00 pay per month for 3 months,
reduction to E1, and a BCD.
911231: The sentence was approved by the convening authority and ordered
         executed, except the BCD. The record of trial was forwarded to                   The Judge Advocate General of The Army for review by the Court of
Military Review.
921231: The sentence having been affirmed and Article 71 (c) having been
         complied with, the sentence was ordered to be executed.
930219: Applicant was discharged with a BCD.

 2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
See DD Form 293 Attached.
 3. Exhibit(s) submitted:

          A-1: DD Form 293, dated 970408
PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE
PART V - SUMMARY OF HEARING
SECTION A-Attendees and exhibits

 l. 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 her bad conduct discharge (BCD) be upgraded to       general under honorable conditions.

2. APPLICANT CONTENDS : The applicant has submitted no issues of propriety or     equity for consideration by the Board.

3. COUNSEL CONTENDS : The applicant is not currently represented by counsel.

4.       SUMMARY OF SERVICE : The applicant’s military records show that she was born on 25 September l971 and completed high school. On 27 February l990 she enlisted in the Regular Army for 3 years and training in Military Occupational Specialty 94B (Food Service Specialist). She was assigned to Korea in July l990. She was advanced to pay grades E-2 in August l990 and to pay grade E-3 in March 1991. On l0 August 1991, she was reduced to pay grade E-2, but the reason for this reduction is not shown in the records available to this Board.

On 29 October l991, the applicant was convicted by a special court-martial, contrary to her pleas, of one specification of assault under Article l28, Uniform Code of Military Justice (UCMJ), of another soldier on 9 August 1991, by cutting her with a dangerous weapon, a broken bottle and one specification of violation of Article l34, UCMJ, of wrongfully communication a threat to another soldier that she would kill her on 9 August 1991. She was sentenced to be reduced to the grade of E-l, to forfeit $502.00 pay per month for
3 months, to be confined for 3 months and to be discharge with a bad conduct discharge (BCD). On 3l December 1991, the sentence was approved, except the BCD. On the same date she was placed on excess leave pending the appellate action on her conviction. On 31 December l992, the sentence having been affirmed and Article 7l(c) having been complied with, the BCD was ordered executed. On l9 February l993, the applicant was discharged from the Army with a BCD under the provisions of chapter 3, AR 635-200, as the result of court-martial, other. She was credited with 2 years, 9 months and l0 days active duty and confinement from 29 October 1991 to 11 January l992.
5. LEGAL/REGULATORY BASIS FOR SEPARATION :
         Army Regulation 635-200 establishes the policy and guidance for the      separation of enlisted personnel. Chapter 3 establishes the guidelines for       the discharge of soldiers being discharged with a punitive discharge as the
         result of a sentence of a court-martial board empowered to grant such a          discharge. BCD’s may be directed by special court-martial boards. Soldiers       will be discharged upon completion of legal review and appeals, when Article     7l of the UCMJ has been complied with. Such completion is normally shown         upon publication of court-martial orders annotating the above completion and
         the discharge is ordered executed.

6.       ISSUES OF PROPRIETY : The applicant has presented no issues of propriety.
7. ISSUES OF EQUITY : The applicant has presented no issues of equity, and her    record contains no evidence or information which would provide the Board a       basis to grant clemency in this case.

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. ALLEN
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:
AD9701541 971112 BCD 930219 AR 635-200 C3 A6800 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A0100 A0113 A9500
53 58 63


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.

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

PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC PHILLIPS, JOHN S.        Mbr      X          X    

2.      Mbr      X          X    

3.      Mbr      X          X    

4.      Mbr      X          X    

5. COL ALLEN, THOMAS J.         PO      X          X    






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