CASE NO:  AD97-00266

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

1.  Type of discharge (or characterization of service):  UOHC                

2.  Date of discharge (or REFRAD):  860923                                    

3.  Authority for separation:

	a.  Regulation:  Chapter 10, AR 635-200                           

	b.  Reason:	For the Good of the Service
                           
4.  Prior review(s):  ( X ) NONE

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

1.	Service data:                              2.  Awards and decorations:
                                                   ( X ) NONE
                                                    
a.  Period entered for:  6 Years               
b.  Entry date:  850808                                                   
c.  Age:  27  Years   DOB:  571222                                               
d.  Educational level:  HS Grad                                           
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  117                               3.  Highest grade achieved:
    f.  Actual creditable service:  0  Years            
        11  Months  5  Days                        Grade    
                                                   E5         

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00266

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

5.  Periods of unauthorized absence:  
                                                                    
    Status        Inclusive dates                       
	AWOL          860402-860412; 860430-860530                                                    
	Mil conf                                                          
	Civil conf    860620-860818                                                    
	Other                                                             

6.  Nonjudicial punishment:  ( X ) NONE

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

1.  Other discharge(s):

    Service          Type
    RA               HD
    RA               HD
    RA               HD

                                                   

	CASE NO:  AD97-00266

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

1.  Summary of facts and circumstances concerning discharge:

    Undated:  Applicant waived a physical examination.
     860822:  Applicant consulted legal counsel, requested discharge under the 	provisions of Chapter 10, AR 635-200, in lieu of court-martial for 	AWOL and larceny.
     860908:  Unit commander recommended approval with an under other than 	honorable conditions discharge.
     860909:  Intermediate commander recommended approval with an under other 	than honorable conditions discharge.
     860909:  Senior intermediate commander recommended approval with an under 	other than honorable conditions discharge.
     860916:  Separation authority approved separation with an under other than   	honorable conditions discharge.  The charges and specifications 	which form the basis for this action will be dismissed, effective 	the date of his discharge.
     860923:  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 961105. 

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:  AD97-00266

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 evidence of record shows that the applicant was charged with the commission of offenses punishable under the Uniform Code Of Military Justice with a punitive discharge.  The Board noted that after consulting with legal counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial.  By doing so, the applicant admitted guilt to the offenses of being AWOL and larceny.  The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Finally, the Board considered the applicant's entire record of service for the period under review; it also noted that the characterization of service for this type of discharge is normally Under Other Than Honorable Conditions and that the applicant was aware of this prior to requesting discharge.  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): 

The Army Discharge Review Board does not maintain military personnel records.  The applicant should submit a request for a copy of his military personnel records to: 

National Personnel Records Center
(Military Personnel Records)
9700 Page Boulevard
St. Louis, MO  63132

			CASE NO:  AD97-00266

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:  AD97-00266

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
COL ALLEN                                                                              
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: 

AD9700266         9700266   UD    860923    AR 635-200  C10   A7000  NC 5-0 A
1          10 11 12        18    20        26                41     46 49  52

                  A9235   A0100   A9217                              
                 53      58      63                                  

			CASE NO:  AD97-00266

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.    MAJ WYRICK, JIMMY R.         Mbr          X                 X       

    2.    LTC PHILLIPS, JOHN S.       Mbr          X                 X       

    3.    LTC SMITH, LILLIAN C.        Mbr          X                 X       

    4.    LTC WHISKER, JILL M.         Mbr          X                 X       

    5.    COL ALLEN, THOMAS J.         PO           X                 X