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ARMY | DRB | CY1997 | 199701617
Original file (199701617.rtf) Auto-classification: Denied

                                    CASE NO: AD97-01617
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): 900215

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: 3 Years
b. Entry date: 891026
c. Age: 21 Years DOB: 681022
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 117 3. Highest grade achieved:
f. Actual creditable service: 0 Years
2 Months 23 Days Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-01617
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 891212 - 900108
         Mil conf
         Civil conf
         Other


6. Nonjudicial punishment:

         Date     Offense(s)
         900112 AWOL (891212-900108)

7. Court-Martial data: ( X ) NONE

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

1. Other discharge(s):

 Service Type
RA HD

         CASE NO: AD97-01617
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
900117: Physical examination cleared applicant for separation.
900122: Mental status evaluation and psychiatric examination cleared
applicant for separation.
Undated: Unit commander notified the applicant of initiation of separation
action under the provisions of Chapter 13, AR 635-200, for
unsatisfactory performance. He was advised of his rights.
900207: Applicant consulted legal counsel and did not submit a statement in
his own behalf.
Undated: Unit commander recommended separation and requested rehabilitation
be waived.
Undated: Separation authority waived rehabilitation and approved separation
with a general discharge.
900215: 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.
B-1: DD Form 293, with five (5) 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: AD97-01617
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,. 2, 3, 4) the issues are rejected. The record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that he had problems when he returned to the US from Germany. Even if true, the Board was of the opinion that the applicant had many other legitimate avenues open to him without committing the serious offense which led to his discharge under review. The Board considered the applicant's good service during the initial portion of the enlistment under review; however, this service was not found to be sufficiently meritorious to warrant an upgrade in the characterization of service. The Board found no evidence of arbitrary or capricious actions by the command. 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. 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: AD97-01617
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: CPCD
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-01617
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC PHILLIPS
Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
(X) NONE
SECTION B - CERTIFICATION


Approval Authority:

EL CARTIO BARNES
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SHERRY HILL SARGENT
Major, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

AD9701617 970604 GD 900215 AR 635-200 C13 A4900 NC 5-0A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9405 A9447 A9411
53 58 63 68 73

                           CASE NO: AD97-01617
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC WYRICK, JIMMY R. Mbr      X          X    

2. LTC PHILLIPS, JOHN S. Mbr      X          X    

3. LTC SMITH, LILLIAN C. Mbr      X          X    

4. COL ALLEN, THOMAS J. Mbr      X          X    

5. COL MATHEWS, WILLIAM PO      X          X    

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