CASE NO:  AD96-00270

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):  930701                                          

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:

a.  Period entered for:  4 Years               Type
b.  Entry date:  901031                        NDSM     
c.  Age:  18  Years   DOB:  720822             ASR                                  
d.  Educational level:  HS Grad                OSR                           
e.  Aptitude area scores:  
	    GT:  108                               3.  Highest grade achieved:
    f.  Actual creditable service:  2  Years            
        7  Months  3  Days                         Grade    
                                                   E4         

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD96-00270

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  
                                                                    
    Status       Inclusive dates                       
	AWOL          930303-930330;                                                    
	Mil conf                                                          
	Civil conf                                                        
	Other                                                             

6.  Nonjudicial punishment:  

	Date 	Offense(s)
	930421	AWOL (930303-930330)            	 

7.  Court-Martial data:

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

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

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

8.	Remarks:  Creditable service differ from DD Form 214, item 12(c), applicant has a period of AWOL, not shown on DD Form 214, DA Form 2-1, See DA Form 2627.

SECTION B - Other Service Data
( X ) NONE

            

                                                     

	CASE NO:  AD96-00270

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

1.  Summary of facts and circumstances concerning discharge:

	930416:	Physical examination cleared applicant for separation.
	930421:	Mental status evaluation cleared applicant for separation.
	930621:	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.
	930621:	Applicant acknowledged notification, waived legal counsel, and did 		not submit a statement in his own behalf.
	930621:	Unit commander recommended separation and requested that the 			rehabilitative transfer requirements be waived.
	930622:	Separation authority waived rehabilitation and approved separation 		with a general discharge.
	930628:	Asst. Staff Judge Advocate determined the separation action to be 		legally sufficient.
	930701:	Applicant was discharged.

2.  Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
	(1) “ Discharge was based on my work performance, I feel I was put in a 	work enviorment that hurt my performance. My performance on the job was 	judged in a biased fashion.”

3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 960119. 

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:  AD96-00270

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 record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that  his work was judged in a biased fashion.  The evidence of record reflects that the command attempted to assist the applicant in performing and conducting to Army standards by providing counseling and even by imposition of nonjudicial punishment.  The applicant failed to respond appropriately to these efforts.  The Board was satisfied that all requirements of law and regulations 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:  AD96-00270

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.

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

3.  Minority views:  ( X ) NA

				CASE NO:  AD96-00270

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

LTC SMITH                                                                              
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:

AD9600270       971024    GD    930701    AR635-200 C13     A4900      NC 5-0A          10 11          12        18    20        26                41       46 49  52

                  A0113   A0100   A9447                             
                 53      58      63                                 

			CASE NO:  AD96-00270
 PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  LTC SMITH, LILLIAN C.          Mbr          X                 X       

    2.  COL JACKSON, MICHAEL H.        Mbr          X                 X       

    3.  COL MELCHIOR, ROBERT J.        Mbr          X                 X       

    4.  COL MILLER, JOEL D.            Mbr          X                 X       

    5.  COL ALLEN, THOMAS J.           PO           X                 X