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ARMY | DRB | CY1997 | 199703237
Original file (199703237.rtf) Auto-classification: Denied
                                    CASE NO: AD97-03237
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): 881215

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason:       Misconduct-Pattern of Misconduct
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:
                            Type
NCOPDR
a. Period entered for: 5 Years
b. Entry date: 870710
c. Age: 21 Years DOB: 651213
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 104 3. Highest grade achieved:
f. Actual creditable service: 1 Year
5 Months 6 Days Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-03237
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)
         880722   Failure to be at your appointed place of duty, (880716); (summarized)
          881130   Wrongfully use cocaine, (881029); Wrongfully use marijuana,                                 (881029)
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: AD97-03237
PART IV - PREHEARING REVIEW
SECTION A - Facts and Issues

1. Summary of facts and circumstances concerning discharge:
         881122:  Medical examination cleared applicant for sepration.
         881129:  Mental status evaluation cleared applicant for separation.
         881205:  Unit commander notified the applciant of initiation of separation                 action under the provisions of Chapter 14, AR 635-200, for                         misconduct-pattern of misconduct. He was advised of his rights.
         881205:  Applicant acknowledged notification, waived legal counsel, requested              treatment in a VA Medical Center and did not submit a statement in                his own behalf.
         881205:  Unit commander recommended separation from the service.
         881206:  Separation authority waived rehabilitation and directed separation                with a general discharge.
         881215:  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 970524.
        





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: AD97-03237
PART V HEARING SUMMARY
SECTION B-Case Analyst’s Summary

1. APPLICANT REQUESTS : In effect, that his general discharge (GD) be upgraded to honorable.

2. APPLICANT CONTENDS : The applicant has provided no issues or contentions.

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

4. SUMMARY OF SERVICE : On 10 July 1987, in Korea, he reenlisted in the Regular Army for a period of 5 years, assignment to Fort Irwin, California, and 50 percent selective reenlistment bonus. At the time of his reenlistment he had attained the rank of specialist/E-4, held MOS 11B (Infantryman), and had completed 2 years, 11 months, and 22 days of prior honorable service.

On or about 27 August 1987 he reported for duty at Fort Irwin. On 1 March 1988 he was laterally transferred to the rank of corporal/E-4.

On 16 July 1988 he was formally counseled for missing formations.

On 20 July 1988 he accepted a company grade nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for failure to go at the time prescribed to his appointed place of duty. His punishment included a lateral transfer from corporal/E-4 to specialist/E-4 and 14 days of restriction.

On 22 July 1988 he was formally counseled for exhibiting marginal performance. On 31 July 1988 he was formally counseled for being absent from his place of duty. On 28 October 1988 he was formally counseled for failure to follow his commander’s instructions.

On 3 November 1988 he accepted a field grade NJP for using cocaine and smoking marijuana. His punishment included a reduction in rank to private/E-1, a forfeiture of $335 per month for 2 months, and 45 days of restriction and extra duty.

On 5 December 1988 his commanding officer notified him of his intent to initiate action to discharge him under the provisions of chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct. His commanding officer indicated that he would recommend the applicant receive a GD. The applicant acknowledged notification of his commander’s intent with his signature. Having been advised of his rights, the applicant authenticated a statement with his initials and signature in which he indicated he understood the ramifications of receiving a less than fully honorable discharge and declined the opportunity to submit statements in his own behalf.

On 6 December 1988 the appropriate authority approved the applicant’s discharge and issuance of a GD. Accordingly, on 15 December 1988 he was discharged after completing only 1 year, 5 months, and 5 days of his 5 year enlistment commitment.

 5. LEGAL/REGULATORY BASIS FOR SEPARATION : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

 6. ISSUES OF PROPRIETY : None provided.

7. ISSUES OF EQUITY : None provided.


                                     CASE NO: AD97-03237
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: AD97-03237
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: AD97-03237
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:

AD9703237 980128 GD 881215 AR 635-200 C14 A6750 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: AD97-03237
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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