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ARMY | DRB | CY1997 | 199701559
Original file (199701559.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): UOHC

2. Date of discharge (or REFRAD): 901022

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

         b. Reason: For the Good of the Service - In Lieu of 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: 3 Years 15 Weeks Type
b. Entry date: 900102                               ASR
c. Age: 24 Years DOB: 650106
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 95 3. Highest grade achieved:
f. Actual creditable service: 0 Years
6 Months 29 Days Grade
E1

4. Performance evaluations:
( X ) NONE


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

5. Periods of unauthorized absence:

 Status Inclusive dates
         AWOL 900523-900814
         Mil conf
         Civil conf
         Other

6. Nonjudicial punishment: ( X ) NONE
7. Court-Martial data: ( X ) NONE
8.       Remarks: ( X ) NONE
SECTION B - Other Service Data
( X ) NONE


PART IV - PREHEARING REVIEW
SECTION A - Facts and Issues

1. Summary of facts and circumstances concerning discharge:
         Applicant’s complete facts and circumstances are not in file.
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 970409.



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 discharge under other than honorable conditions be recharacterized to an honorable.

2. APPLICANT CONTENDS : That he received a letter stating his discharge might be upgraded and requests more information.
3. COUNSEL CONTENDS : The applicant is currently not represented by counsel.

4. SUMMARY OF SERVICE :

Records show the applicant completed high school before enlisting in the Army in January 1990 for three years for training of choice as a cannon crew member. He completed basic and advanced individual training and was assigned to Fort Bragg, North Carolina with a reporting date of April 1990.

The applicant was reported AWOL on 23 May 1990 and dropped from the rolls on 22 June 1990. Evidence of record show that the applicant was apprehended by civilian authorities for the civilian charges of no license and no insurance on 14 August 1990. On 15 August 1990, the civil charges were dropped and the applicant was returned to military control in Atlanta, Georgia and assigned to Fort Knox, Kentucky.

The facts and circumstances of his separation processing are not contained in his personnel records; however, his records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows that he was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of court-martial. He had
6 months and 29 days of creditable service and 84 days lost.


5. LEGAL/REGULATORY BASIS FOR SEPARATION :
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 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 discharge for the good of the service in lieu of trial by court-martial. The request 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 under other than honorable conditions is normally considered appropriate.

6. ISSUES OF PROPRIETY : The applicant submitted no issues of propriety.

7. ISSUES OF EQUITY : The submits one issue of equity

The applicant submits that he received a letter which states that his discharge might be upgraded and requests more information.

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 parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
         (1) The issue is rejected. The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. There was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses . It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. 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
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. MARTINEZ
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:

AD9701559 980107 UD 901022 AR 635-200 C10 A7100 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217
53

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 ARBA 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 SMITH, LILLIAN C. Mbr      X          X    

2. COL JACKSON, MICHAEL H. Mbr      X          X    

3. COL SHATZER, WILSON A. Mbr      X          X    

4. COL MILLER, JOEL D. Mbr      X          X    

5. COL ALLEN, THOMAS J. PO      X          X    






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