CASE NO:  AD97-00144

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):  960311

3.  Authority for separation:

	a.  Regulation:  Chapter 14, AR 635-200
        
	b.  Reason:  Misconduct

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:  3 Years               Type
b.  Entry date:  940802                        NDSM
c.  Age:  18 Years   DOB:  760519              ASR                         
d.  Educational level:  HS Grad                                            
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  126                               3.  Highest grade achieved:
    f.  Actual creditable service:  1 Year             
        7 Months  10 Days                          Grade    
                                                   E3        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00144

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)
	960124    Wrongfully consuming an alcoholic beverage while under the legal drinking age, two specification (951105 and 951118); wrongfully drove privately owned vehicle while on-post driving privileges were suspended (951118); DWI, two specification (951105 and 951118)

              ___________________
    951116    Letter of reprimand DWI (Administrative)

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:  ( X ) NONE

SECTION B - Other Service Data

                                 ( X )  NONE            

            

	CASE NO:  AD97-00144

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

1.  Summary of facts and circumstances concerning discharge:

    960210:  Unit commander notified the applicant of initiation of separation 
             action under the provisions of Chapter 14, AR 635-200, for      
             misconduct - commission of a serious offense.  He was advised of his 
             rights.
    960210:  Applicant acknowledged notification, consulted legal counsel and did 
             not submit a statement in his own behalf.
    960212:  Unit commander recommended separation with a general under honorable 
             conditions discharge.
    960226:  Intermediate commander recommended approval with a general
             discharge.
    960626:  Separation authority waived rehabilitation and approved separation 
             with a general under honorable conditions discharge.
    960311:  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 961017

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:  AD97-00144

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 applicant, by violating the Army’s alcohol abuse policies, compromised the special trust and confidence placed in the soldier at the time.  The applicant had a duty to support and abide by the Army’s alcohol policies and not abuse alcohol.  The Board found that the chain of command did provide the applicant with adequate rehabilitative opportunities.  By abusing alcohol, the applicant knowingly risked a military career.  This misconduct diminished the quality of his service below that meriting a fully honorable discharge and the Board voted to deny relief.  
 The applicant's discharge was appropriate because the quality of service determination at the time of discharge was inconsistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By  misconduct the applicant diminished the quality of service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or the applicant’s service mitigated the misconduct.  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:  AD97-00144

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:  AD97-00144

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
MAJ WYRICK                                                                              
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: 

AD9700144         970417    GD    960311    AR 635-200  C14   A6710  NC 5-0  A
1          10 11 12        18    20        26                41     46 49   52

                  A9200   A0100   A9235   A9319                              
                 53      58      63      68                                  

			CASE NO:  AD97-00144

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.    MAJ WYRICK, JIMMY R.         Mbr          X                 X       

    2.    LTC SMITH, LILLIAN C.        Mbr          X                 X       

    3.    COL ALLEN, THOMAS J.         Mbr          X                 X       

    4.    COL MELCHIOR, ROBERT J.      Mbr          X                 X       

    5.    COL MATHEWS, WILLIAM E.      PO           X                 X