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ARMY | DRB | CY1997 | 199701557
Original file (199701557.rtf) Auto-classification: Denied


                                    CASE NO: AD97-01557
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): 891208

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

          b. Reason: For the Good of Service-In Lieu of Trial by Court-Martial
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: 5 Years Type
b. Entry date: 880818 GCM (2nd Award)
c. Age: 26 Years DOB: 620413
d. Educational level: HS GRAD
e. Aptitude area scores:
         GT: 106 3. Highest grade achieved:
f. Actual creditable service: 0 Years Grade
11 Months 11 Days E5

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-01557
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: (X) NONE

Status Inclusive dates
         AWOL 890706-891116

6. Nonjudicial punishment: ( X ) NONE

7. Court-Martial data: ( X ) NONE
         a. SCM: ( X ) NONE
                  Date Offense(s)

        
         b. SPCM: ( X ) NONE
                  Date Offense(s)

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


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

 Service Type
 RA HD (820804-850327)
RA HD (850328-880817)







         CASE NO: AD97-01557
PART IV - PREHEARING REVIEW
SECTION A - Facts and Issues

1. Summary of facts and circumstances concerning discharge:

891122: Applicant was charged with AWOL from 890706 TO 891116.
891204: Applicant consulted legal counsel, requested discharge under the
provisions of Chapter 10, AR 635-200, for the good of the
service-in lieu of trial by court-martial. A statement on his
behalf was submitted by his defense counsel.
UNDATED: Acting Staff Judge Advocate recommended approval with an under
other than honorable conditions discharge.
UNDATED: Unit and intermediate commanders recommended approval with an
under other than honorable conditions discharge.
891207: Separation authority approved separation with an under other
than honorable conditions discharge. Applicant was further
reduced in rank to PV1 in accordance with paragraph 6-1e,
AR 600-8-19.
891208: 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 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


         a. Applicant testified: ( ) Yes ( X ) No

        
         b. Witness(es) testified: ( ) Yes ( X ) No
        

2. Exhibit(s) submitted at hearing: ( X ) NONE

                                    CASE NO: AD97-01557
PART V HEARING SUMMARY
SECTION B-Case Analyst’s Summary

1. APPLICANT REQUESTS : Upgrade of his discharge to a general discharge under honorable conditions and to change the reason for discharge to “for the good of the service.”

2. APPLICANT CONTENDS : The applicant has submitted no issues 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 he had two prior periods of honorable service from August l982 through March l985, and March l985 through August l988. He was trained as a food service specialist and had been promoted to pay grade E-5, with the rank of specialist five on l9 February l985. On 2 July l985, he was promoted to the rank of sergeant, pay grade E-5. He had two periods of service overseas in Germany during his first two enlistments. His enlisted evaluation reports were highly satisfactory, with ratings between l20 and l25 points out of a possible l25 points. He also attended the appropriate leadership development schools and took several correspondence courses.

On 18 August l988, he reenlisted for 5 years and for assignment to Hawaii. He reported for duty in Hawaii on 10 November l988. However, apparently his wife would not accompany him to Hawaii. He claimed, through his counsel, that he returned to the United States to attempt to get his wife to join him in Hawaii. He was AWOL from 6 July through l7 November l989, when he turned himself into his unit in Hawaii. He was returned to the United States to the Personnel Control Facility (PCF), Fort Ord, California. He was placed in pre-trial confinement at Fort Ord on 22 November l989, because he refused to obey orders in the PCF.

The applicant was charged with l34 days AWOL from 6 July through l7 November l989. He consulted with legal counsel and requested discharge under the provisions of chapter l0, Army Regulation 635-200, in lieu of trial by court-martial. His counsel submitted a statement on his behalf, outlining his family problems and that he requested a general discharge under honorable conditions in view of his two prior periods of honorable service. His chain of command recommended discharge under other than honorable conditions.

On 7 December l989, the separation authority approved his request for discharge under the provisions of chapter l0, AR 635-200, in lieu of trial by court-martial, and directed that a discharge under other than honorable conditions be issued. Further, the separation authority reduced him in rank from sergeant, pay grade E-5 to the rank of private, pay grade E-l, in accordance with AR 600-8-19.

On 8 December l989, the applicant was discharged with a discharge under other than honorable conditions. He was credited with 7 years, 3 months and l day total service (ll months and 11 days on his last enlistment) and he had l34 days lost time. His awards and decorations included the Army Good Conduct Medal (two awards), the Army Service Ribbon (not shown on his DD Form 2l4), the NCO Professional Development Ribbon and the Overseas Service Ribbon.

 LEGAL/REGULATORY BASIS FOR SEPARATION :
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. The requests may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. Although an honorable or general discharge is authorized, a discharge UOHC is normally considered appropriate.



                                                                                                   CASE NO:AD97-01557

6. ISSUES OF PROPRIETY : The applicant has not submitted any issues of propriety.

7. ISSUES OF EQUITY : The applicant has not submitted any issues of equity.


8. POSSIBLE BOARD ISSUES : None.










































                                     CASE NO: AD97-01557
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 his discharge. The major factors upon which the
                           discharge was based are set forth in Parts III and IV of
this document.

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

                            CASE NO: AD97-01557
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 Military Review Boards Agency
ATTN: SFMR-RBR-ST
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-01557
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:

AD97-01557 971008 UD 891208 AR635-200 C10 A7100 NC 5-0A
1 10 11 12 18 20 26 41 46 49 52

A0100 A9500 A9231
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 Reserve Personnel Center (ARPERCEN) without action.

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

                           CASE NO: AD97-01557
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC WYRICK, JIMMY Mbr      X          X    

2. LTC SMITH, LILLIAN Mbr      X          X    

3. COL JACKSON, MICHAEL Mbr      X          X    

4. COL MELCHIOR, ROBERT Mbr      X          X    

5. COL ALLEN, THOMAS PO      X          X    





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