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ARMY | DRB | CY1997 | 199701556
Original file (199701556.rtf) Auto-classification: Approved

                  CASE NO: AD97-01556
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: 970114)

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:
                            ( X ) NONE
         

a. Period entered for: 3 Years
b. Entry date: 960531
c. Age: 20 Years DOB: 750823
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 87 3. Highest grade achieved:
f. Actual creditable service: 0 Years
7 Months 14 Days Grade
E4

4. Performance evaluations:
( X ) NONE

                  CASE NO: AD9701556
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)
         961030   wrongfully used marijuana, (960823)

7. Court-Martial data: ( X ) NONE

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


1. Other discharge(s):

         Service            Type
         USAR              NA
          ADT               Unchar
         USAR              NA
         RA                HD





         CASE NO: AD97-01556
PART IV - PREHEARING REVIEW
SECTION A - Facts and Issues

1. Summary of facts and circumstances concerning discharge:

         961202: Unit commander notified the applicant of initiation of separation                 action under the provisions of Chapter 14, AR 635-200 for                                   misconduct-commission of a serious offense. She was advised of her                rights.
         961210: Applicant acknowledged notification, consulted legal counsel, and                 did not submit a statement in her own behalf.
         961213: Unit Commander recommended separation from the service with a                      general discharge, and requested that the rehabilitative transfer                 requirements be waived.
         Undated: Intermediate commander recommended approval with a general                        discharge.
         961127:  Asst. SJA determined the separation action to be legally sufficient.
         961227: Separation authority directed separation with a general                                     discharge.
         970114: Applicant was discharged.
2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
As stated on applicant’s DD Form 293.
 3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 970411.
        





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

                  CASE NO: AD97-01556
PART V HEARING SUMMARY
SECTION B-Case Analyst’s Summary

1. APPLICANT REQUESTS : That her general/under honorable conditions discharge be upgraded to honorable.

2. APPLICANT CONTENDS : That her discharge was unfair because it was an isolated incident and that others who got in the same trouble were not discharged.

3. COUNSEL CONTENDS : The applicant is not represented by counsel at this time.
1.      
4. SUMMARY OF SERVICE : On 31 May 1996 at Camp Humphreys, Korea the applicant
reenlisted for a period 3 years and for a CONUS station of choice of
Fort Carson, Colorado. At the time of reenlistment the applicant had attained
rank of specialist/E-4, held military occupational specialty (MOS) 63B (Light
Wheel Vehicle Mechanic), and had completed 2 years, 9 months, and 27 days of
honorable service which included a completed tour in Korea. Her awards included:
the Overseas Service Ribbon; the National Defense Service Medal; and the Army
Service Ribbon.
The record contains no evidence of disciplinary infractions prior to the incident for which the applicant was separated. The applicant accepted an Article 15 on
30 October 1996 for violation of Article 112 of the UCMJ (wrongful use of a controlled substance-marijuana) for which she was reduced in rank to private first class/E-3.

On 2 December 1996 the applicant's unit commander notified the applicant of his intent to initiate separation action under the provisions of paragraph 14-12c,
AR 635-200 for commission of a serious offense based on the applicant's wrongful use of marijuana. On 10 December 1996 the applicant consulted counsel and completed her election of rights. On 13 December 1996 the unit commander initiated the separation action and recommended a general/under honorable conditions characterization of service. In an undated endorsement the intermediate level commander recommended approval of the separation action; however, he recommended the applicant's service be characterized as honorable.

On 27 December 1996 the approval authority approved the separation action and directed a general/under honorable conditions discharge. Accordingly, on
14 January 1997 the applicant was discharged after completing a total of 3 years and 11 days of active military service.

 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 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 : The applicant submits two issues of equity.



                   CASE NO: AD97-01556
                 PART VI - ISSUES AND FINDINGS

1. Applicant's issue(s) of propriety and/or equity:
          ( )     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:
Board Issue: (3) The characterization of service is too harsh.
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.
(3) The issue is accepted. The discharge is inequitable because the applicant's quality of service determination at the time of discharge was 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 the infractions of discipline, the extent thereof, and the seriousness of the offenses. Clearly, the applicant's generally acceptable personal conduct and performance of duty outweigh the discrediting entries 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 grant relief in the form of an upgrade of characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.

(1) and (2) See paragraph 3 below.

3. Response to item(s) not addressed as decisional issue(s):

Inasmuch as the Board voted to grant full relief, responses to remaining issues are neither required nor hereby rendered .

                  CASE NO: AD97-01556
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                       
                  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 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: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508




3. Minority views: ( X ) NA
                  CASE NO: AD97-01556
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified.      

                                 
Mr. JOSEPH A. ADRIANCE
Case Analyst and Reviewing Official.
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis Date:

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 Uncharacterized.
( X )   Characterization of discharge be changed to Honorable.
( )     Characterization of discharge be changed to Under Honorable Conditions.
( )     Reason and authority for discharge be changed to
        Secretarial Authority, AR 635-200.
( X )   Other (see remarks below).
Remarks: ADRB directs ARBA Support Division-St Louis to issue the applicant a new DD 214 with the characterization change indicated above.
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:
AD9701556 980121 GD 970114 AR 635-200 C14 A6730 HD 5-0 A
1 10 11 12 18 20 26 41 46 49 52
A9234 A9411
53 58





REMARKS
Case Management Data

                  CASE NO: AD97-01556
( ) 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 Reserve Personnel Center (ARPERCEN) without action.

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



                  CASE NO: AD97-01556
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR
1. COL JACKSON, MICHAEL H. Mbr      X  X           

2. COL ALLEN, THOMAS J. Mbr      X  X           

3. COL SHATZER, WILSON A. Mbr      X  X           

4. COL MILLER, JOEL D. Mbr      X  X           

5. COL MELCHIOR, ROBERT J. PO      X  X           



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