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ARMY | DRB | CY1997 | 199701613
Original file (199701613.rtf) Auto-classification: Denied

                                    CASE NO: AD97-01613
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): 821110

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-200

         b. Reason:       Expeditious Discharge Program (EDP) - Failure to Maintain Acceptable Standards for Retention
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: 4 Years Type
b. Entry date: 811110 ASR
c. Age: 17 Years DOB: 640101 L/A
d. Educational level: 9 Years
e. Aptitude area scores:
         GT: 97 3. Highest grade achieved:
f. Actual creditable service: 1 Year
0 Months 1 Day Grade
E2

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-01613
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)
         820804   FTG three specifications (820720); (820726); FOLO issued by the Charge of Quarters (820725); FOLO issued by SGT (820802)
         821006   DOLO from SGT (820927)  

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

         CASE NO: AD97-01613
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         821012:  Unit commander notified the applicant of initiation of separation                 action under the provisions of Chapter 5, AR 635-200, for                                   Expeditious Discharge Program (EDP) - Failure to Maintain Acceptable              Standards for Retention.
         821012:  Applicant acknowledged notification, and did not submit a statement               in his own behalf.
         821012:  Unit commander recommended separation with a general under honorable              conditions discharge.
         821019:  Applicant waived a physical examination.
undated:        Separation authority approved separation with a general under                      honorable conditions discharge.
         821110:  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 970415.




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: AD97-01613
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 corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(1) The issue is rejected. The applicant has submitted no evidence, and the Board found none, to support his allegation that his discharge was based on his desire to help his grandmother support his siblings and that he had an otherwise good record as a soldier. The record discloses that the applicant was counseled and given nonjudicial punishment for military infractions which was the basis for his discharge. The record does not show any attempt to seek help for any family problems. The actions of the command were neither arbitrary nor capricious and are supported by the applicant’s record. 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

                            CASE NO: AD97-01613
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.

Military Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-01613
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL MILLER
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:

AD9701613 980413 GD 821110 AR 635-200 C5 A2400 NC 5-0A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9309
53 58 63

                           CASE NO: AD97-01613
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. COL JACKSON, MICHAEL H. Mbr      X          X    

2. COL SHATZER, WILSON A. Mbr      X          X    

3. COL MELCHIOR, ROBERT J. Mbr      X          X    

4. COL MILLER, JOEL D. Mbr      X          X    

5. COL MATHEWS, WILLIAM E. PO      X          X    





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