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ARMY | DRB | CY1997 | 199701606
Original file (199701606.rtf) Auto-classification: Denied

                                    CASE NO: AD97-01606
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Type of discharge (or characterization of service): HD

2. Date of discharge (or REFRAD): 970327

3. Authority for separation:

         a. Regulation: Chapter 13, AR 635-200

         b. Reason:       Unsatisfactory Performance
4. Prior review(s): ( X ) NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
 ( X ) NONE
 a. Period entered for: NIF
b. Entry date: 951003
c. Age: 25 Years DOB: 691206
d. Educational level: HS Grad
e. Aptitude area scores:
         GT: 114 3. Highest grade achieved:
f. Actual creditable service: 1 Year
5 Months 25 Days Grade
E5

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-01606
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
ARNG NA
 ADT UNCHAR
ARNG HD
RA HD





         CASE NO: AD97-01606
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
920113: Applicant was discharged with an honorable discharge.(NGB Form 55)
920204: HQ, 145th Support Bn, Idaho Army National Guard, 1200
South Kimball, Caldwell, ID, Orders 4-1, discharged applicant
from ARNG and as a reserve of the Army, effective 13 January 1992.
Note: It appears the applicant came on active duty 920114-951002,
and his second enlistment is from 951003-970327. The
applicant’s enlistment contracts, orders, microfiche, facts
and circumstances and 2A are not in file to document the
period of these enlistments.
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 970414.



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: AD97-01606
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: ( ) Recharacterization ( X ) 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) The issue is rejected. The issue is not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process nor is it associated with the discharge at the time of issuance. Furthermore, the Army Discharge Review Board is not empowered to make administrative corrections to the Certificate of Release or Discharge from Active Duty (DD Form 214). The Board, being convinced that the reason for discharge was both proper and equitable, voted to deny relief.

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

( X ) NA

                            CASE NO: AD97-01606
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

                                     CASE NO: AD97-01606
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL JACKSON
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:

AD9701606 971024 HD 970327 AR 635-200 C13 A4900 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A0113 A0100 A9447
53 58 63

                            CASE NO: AD97-01606
PART IX - VOTING RECORD

 Name & Rank 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 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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