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ARMY | DRB | CY1997 | 199701644
Original file (199701644.rtf) Auto-classification: Approved
                                    CASE NO: AD97-01644

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): 821220

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:
Type
a. Period entered for: 4 Years ASR
b. Entry date: 810114
c. Age: 19 Years DOB: 611101
d. Educational level: HS Grad
e. Aptitude area scores:
         GT: 73                   3. Highest grade achieved:
f. Actual creditable service: 1 Year Grade
11 Months 7 Days E3

4. Performance evaluations:
( X ) NONE


































OSA FORM 172 (REVISED) 1 MAY 94 PAGE 1


                                             CASE NO: AD97-01644


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

         a. SCM:           ( X ) NONE
         Date              Offense(s)

        
         b. SPCM:                  ( X ) NONE
                  Date               Offense(s)


         c.       GCM:              ( X ) NONE
                  Date               Offense(s)


8.       Remarks: ( X ) NONE



SECTION B - Other Service Data
( X ) NONE

        
                                  
                                  



































OSA FORM 172 (REVISED) 1 MAY 94 PAGE 2


         CASE NO: AD97-01644

PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:


         821018:  Mental status evaluation cleared applicant for separation.
         821027:  Physical examination cleared applicant for separation.
         821201:  Applicant acknowledged notification, consulted legal counsel, and                 did not submit a statement in her own behalf.
         821201:  Unit commander recommended separation from the service.
         821203:  Separation authority approved separation with a general discharge                 and directed transfer to the Individual Ready Reserve.
         821220:  Applicant was released from active duty.

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 970416.
        


PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE

PART V - SUMMARY OF REVIEW HEARING

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






















OSA FORM 172 (REVISED) 1 MAY 94 PAGE 3


                                    CASE NO: AD97-01644

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:
         ( X )   Additional issue(s) identified during review/hearing as follows:

         Board Issue: (1) The characaterization of discharge is too harsh.

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 number(s) below correspond(s) to the issue                      number(s) on the DD Form 293, or in Part VI:

(1) The issue is accepted. The Board determined that the characterization of discharge is too harsh. The discharge is to harsh because the applicant's quality of service determination at the time of discharge was inconsistent with the service rendered by the applicant during the period of service under review by the Board. There was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses. The applicant's failure to perform in accordance with Army standards is mitigated by service of sufficient merit to warrant an upgrade of the discharge being reviewed. Accordingly, the Board voted grant relief in the form of an upgrade of characterization of service to honorable. However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.

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



























OSA FORM 172 (REVISED) 1 MAY 94 PAGE 4


                           CASE NO: AD97-01644

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                       .
         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to  HONORABLE       .
         ( )      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 5 0

         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




























OSA FORM 172 (REVISED) 1 MAY 94 PAGE 5


                                    CASE NO: AD97-01644

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL MATHEWS
Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: Commander, ARPERCEN Date:

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that:

( )     Characterization of discharge be changed to Uncharacterized.
( X )   Characterization of discharge be changed to Honorable.
( )     Characterization of discharge be changed to Under Honorable Conditions.
( )     Reason and authority for discharge be changed to
        .
( )     Other (see remarks below).

Remarks: ( 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:

AD9701644 970711 GD 821220 AR635-200 C13 A4900 HD5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9500
53 58 63




OSA FORM 172 (REVISED) 1 MAY 94 PAGE 6


                           CASE NO: AD97-01644

PART IX - VOTING RECORD

Name  Reason Characterization
CHANGE NC HON UHC NC UNCHAR

1. LTC PHILLIPS, JOHN Mbr      X  X           

2. LTC SMITH, LILLIAN Mbr      X  X           

3. COL ALLEN, THOMAS Mbr      X  X           

4. COL MELCHIOR, ROBERT Mbr      X  X           

5. COL MATHEWS, WILLIAM PO      X  X           








































OSA FORM 172 (REVISED) 1 MAY 94 PAGE 7

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