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ARMY | DRB | CY1997 | 199701623
Original file (199701623.rtf) Auto-classification: Denied

                                    CASE NO: AD97-01623
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

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

2. Date of discharge (or REFRAD): 960304

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

          b. Reason: In Lieu of Trial by 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:
                            ( X ) NONE

a. Period entered for: 13 Wks
b. Entry date: 951012
c. Age: 19 Years DOB: 760722
d. Educational level: GED
e. Aptitude area score:
         GT: 96 3. Highest grade achieved:
f. Actual creditable service: 0 Years
2 Months 11 Days Grade
E1

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-01623
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 951110-960121;
         Mil conf 0
         Civil conf 0
         Other 0


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
         ARNGUS            NA
 (Concurrent Service)





         CASE NO: AD97-01623
PART IV - PREHEARING REVIEW
SECTION A - Facts and Issues

1. Summary of facts and circumstances concerning discharge:
         Note:    Mental status evaluation and medical examination prior to                                   applicant’s separation-are not in file.

         960126:  Applicant was charged with AWOL, from 951110 to 960122.
         Undated:         Applicant consulted legal counsel, requested discharge under the                  provisions of Chapter 10, AR 635-200, In lieu of trial by court-                           martial, and submitted a statement in his own behalf.
         960201:  Unit commander recommended approval with an uncharacterized                        discharge.
         Undated:         MAJ, JA Defense Counsel requested an entry level separation.
         960205:  Separation authority approved separation with an uncharacterized                  discharge.
         960304:  Applicant was discharged.
2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
          ( X ) NONE
3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 970403.
        





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

                                    CASE NO: AD97-01623
PART V HEARING SUMMARY
SECTION B-Case Analyst’s Summary

1. APPLICANT REQUESTS : In effect, that his uncharacterized discharge be upgraded to honorable.

2. APPLICANT CONTENDS : The applicant has not provided any contentions.

3. COUNSEL CONTENDS : The applicant is not currently represented by counsel.

4. SUMMARY OF SERVICE : On 30 August 1995 he enlisted in the Virginia Army National Guard for a period of 8 years and training in MOS 11B (Infantryman). At the time of his enlistment he was 19 years old, had attained a General Education Diploma (GED), and achieved an Armed Forces Qualification Test score of 45 (i.e., mental category III).

He was ordered to active duty for training (ADT) with a reporting date of 12 October 1995. He reported to Fort Benning, Georgia for his ADT. On 10 November 1995 he departed Fort Benning in an AWOL status. On 10 December 1995 he was dropped from the roles as a deserter. On 22 January 1996 he was returned to military control at Fort Dix, New Jersey. On 26 January 1996 he was charged with the aforementioned AWOL. In an undated statement, the applicant, having been advised by counsel, requested discharge under the provisions of chapter 10, AR 635-200 for the good of the Service - in lieu of trial by court-martial. The applicant indicated that he understood the ramifications of his request. He submitted a handwritten statement in which he alleged that prior to having gone AWOL, he had been processed for entry level separation. On 26 January 1996 he was placed on excess leave pending adjudication of his request for a chapter 10.

On 1 February 1996 his commanding officer recommended that the applicant’s request for discharge be approved with service uncharacterized.

On 5 February 1996 the separation authority (i.e., PCF Commander) approved the applicant’s request with uncharacterized service. Accordingly, on 4 March 1996 he was discharged, in absentia, after completing 2 months and 11 days of active military service and accruing 73 days of lost time due to AWOL.

 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 : None provided.

7. ISSUES OF EQUITY : None provided.





                                     CASE NO: AD97-01623
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 applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.
3. Response to item(s) not addressed as decisional issue(s): ( X ) NA

                            CASE NO: AD97-01623
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, Virginia 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-01623
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified.      

                                
MR. RUBEN E. RIVERA
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:

AD9701623 980107 EL 960304 AR 635-200 C10 A7100 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52
A9235 A9201
53 58

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.

                           CASE NO: AD97-01623
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1.      Mbr      X          X    

2.      Mbr      X          X    

3.      Mbr      X          X    

4.      Mbr      X          X    

5.      PO      X          X    



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