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ARMY | DRB | CY1997 | 199701542
Original file (199701542.rtf) Auto-classification: Denied
                                    CASE NO: AD97-01542
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): 860315

3. Authority for separation:

         a. Regulation: Chapter 8, NGR 600-200

         b. Reason:       Unsatisfactory Participation
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: 1 Year 16 Wks Type
b. Entry date: 850529 GCMDL
c. Age: 24 Years DOB: 610121
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 95 3. Highest grade achieved:
f. Actual creditable service: 0 Years
9 Months 17 Days Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-01542
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

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

1.      
Other discharge(s):
Service Type
USMC NIF
USMCR NA









         CASE NO: AD97-01542
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
Note: Facts & circumstances pertaining to applicant’s discharge
proceedings under the provisions of Chapter 8, NGR 600-200,
are not in file.

860318: State of NY, Executive Dept., Division of Military and Naval Affairs
Public Security Building, Status Campus, Albany, NY, Orders 52-66,
discharged applicant from the Army National Guard and as a Reserve
of the Army with a general under honorable conditions discharge.
860315: Applicant was discharged.

         

2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         As Stated on the DD Form 293.

 3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 970328.
B-1: DD Form 293, with one(1) enclosure 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: AD97-01542
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.
(1-3) The issues are rejected. The applicant has submitted no evidence and the Board found none, to support his assertion that he was separated for fraudulent enlistment. Lacking independent corroborating evidence to the contrary, the Board presumed regularity of the government operations surrounding the applicant’s discharge process. Further, while the Board congratulates the applicant on his post service accomplishments, they are not so meritorious as to warrant an upgrade. Finally, the Board cannot change the applicant’s reenlistment (RE) code. To obtain a change in an RE code, the applicant must apply, with supporting documentation, to: Commander, US Army PERSCOM, ATTN: TAPC-EPR-P, 2461 Eisenhower Avenue, Alexandria, Virginia 22331-0450. To obtain a waiver for reenlistment, the applicant should contact a local Army recruiter for assistance. 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: AD97-01542
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.

Army Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-01542
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL MILLER
Post Hearing Reviewer   


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:

AD9701542 971106 GD 860315 NGR600-200 C8 A8400 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9907 A9447
53 58 63 68

                            CASE NO: AD97-01542
PART IX - VOTING RECORD

 Name & Rank Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC WYRICK, JIMMY R. Mbr      X          X    

2. LTC SMITH, LILLIAN C. Mbr      X          X    

3. COL MELCHIOR, ROBERT J. Mbr      X          X    

4. COL MILLER, JOEL D. Mbr      X          X    

5. COL ALLEN, THOMAS J. PO      X          X    





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