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ARMY | DRB | CY1997 | 199701604
Original file (199701604.rtf) Auto-classification: Denied
                                    CASE NO: AD97-01604
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): 920211

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

         b. Reason:       For the Good of the Service
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: 3 Years Type
b. Entry date: 900928 NSDM
c. Age: 23 Years DOB: 670528 ASR
d. Educational level: HS Grad SWASMw/1BSS
e. Aptitude area scores:
         GT: 101 3. Highest grade achieved:
f. Actual creditable service: 1 Year
4 Months 14 Days Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-01604
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)
         910822 Art 15

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

         CASE NO: AD97-01604
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         911227: Applicant was charged with two specifications: one specification                  for stealing an Automatic Teller Machine card, of some valve, the                 property of Merchants National Bank 911109; one specification for                 stealing US currency of a valve of $380.00, the property of                        Specialist, 911109.
         911227: Unit commander notified the applicant of initiation of separation                 action under the provisions of Chapter 10, AR 635-200, for the good               of the Service. He was advised of his rights.
         920114: Separation authority approved separation action with an under other               than honorable conditions discharge.
         920211: Applicant was discharged.
2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         As stated on the applicant’s DD Form 293.
3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 970403.
B-1: DD Form 293, with two (2) documents enclosures 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: AD97-01604
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 correspond to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(1)(2)(3) The issues are rejected. The evidence of record shows the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. The Board noted that after consulting with legal counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated offenses under the UCMJ. 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. Finally, the Board considered the applicant’s entire record of service for the period under review. 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): The Board noted the applicant’s successful transition to civilian life; that he has quit drinking and started attending AA meetings,is holding a steady job,and is married with two children. Congratulations! Keep up the good work.

                            CASE NO: AD97-01604
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: AD97-01604
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL SHATZER
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:

AD9701604 980223 UD 920211 AR 635-200 C10 A7000 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9235 A0100 A9307 A9319 A9447
53 58 63 68 73

                           CASE NO: AD97-01604
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC WALKER, SUZANNE 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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