CASE NO:  AD97-00203

PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Type of discharge (or characterization of service):  HD
 
2.  Date of discharge (or REFRAD):  960909

3.  Authority for separation:

	a.  Regulation:  Chapter 13, AR 635-2200

	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:  6 Years               Type
b.  Entry date:  941114                        MSM
c.  Age:  39 Years   DOB:  550803              GCMDL                       
d.  Educational level:  16 Years                                           
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  123                               3.  Highest grade achieved:
    f.  Actual creditable service:  1 Year             
        9 Months  26 Days                          Grade    
                                                   E7        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00203

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

5.  Periods of unauthorized absence:  ( X ) NONE

6.  Nonjudicial punishment:  

	Nature    Date
	Art 15    960318

7.  Court-Martial data:  ( X ) NONE
	
8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data

1.  Other discharge(s):                  

	Service          Type           
    USAF             HD
    USAFR            HD
    RA               HD
    RA               HD
    RA               HD

            

	CASE NO:  AD97-00203

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

1.  Summary of facts and circumstances concerning discharge:

    960315:  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.
    960814:  Separation authority approved separation with an honorable discharge.
    960909:  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 961026
    B-1:  DD Form 293, with four (4) enclosures as submitted by the applicant.

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:  AD97-00203

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:  (   ) Recharacterization    ( X ) 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 ADRB carefully reviewed the applicant’s file.  The record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that his discharge should have been suspended pending a medical review.  By the evidence of record and information available to the Board, the applicant was provided a separation physical in Jacksonville, FL, without any significant abnormalities or medical problems noted.  Based upon his separation physical, there was no indication that a medical evaluation board (MEB), the first step to a physical evaluation board (PEB), was either required or warranted.  The Board finally noted that upon application to the Office of Veteran Affairs (VA) for service connected disability compensation, the applicant’s claims were denied.  The Board finally found no evidence of arbitrary or capricious actions by the command.  It was satisfied that all requirements of law and regulation 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.

        (2)  The issue is rejected.  By the evidence of record, after consultation with counsel, the applicant waived consideration of his case by a board of officers under the conditions that he been given an honorable discharge.  This conditional waiver was accepted by the command and the applicant was issued an honorable discharge.  The Board determined that the applicant, by his actions to submit a conditional waiver and to accept an honorable discharge, further waived his request for a rehabilitative transfer or other rehabilitation actions.

        (3)  The issue is rejected.  The Army Discharge Review Board is not empowered to make administrative corrections to the DD 214.  The applicant should write to the Commander, US Army Reserve Personnel Center (ARPERCEN), 4700 Page Avenue, St. Louis, Missouri 63132-5200, detailing those corrections to be made and providing whatever information is available to the applicant to substantiate that request.

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

			CASE NO:  AD97-00203

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:  AD97-00203

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
COL MELCHIOR
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: 

AD9700203         970328    HD    960909    AR 635-200 C13    A4900    NC 5-0 A
1          10 11 12        18    20        26                41       46 49  52

                  A0113   A0147   A9321                             
                 53      58      63       

			CASE NO:  AD97-00203

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  MAJ WYRICK, JIMMY              Mbr          X                 X      

    2.  LTC PHILLIPS, JOHN             Mbr          X                 X      

    3.  LTC SMITH, LILLIAN             Mbr          X                 X      

    4.  LTC WHISKER, JILL              Mbr          X                 X      

    5.  COL MELCHIOR, ROBERT           PO           X                 X