CASE NO:  AD97-00278

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):  830804

3.  Authority for separation:

	a.  Regulation:  Chapter 10, AR 635-200                                                                                                            

	b.  Reason:	For The Good Of The Service - In Lieu Of Court Martial

4.  Prior review(s):  D/841108

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

1.	Service data:                              2.  Awards and decorations:
                                               Type      
a.  Period entered for:  4 Years               L/C   
b.  Entry date:  800922                                       
c.  Age:  24 Years   DOB:  560121                                
d.  Educational level:  10 Years                                 
e.  Aptitude area scores:              
	    GT:  81        		                 3.  Highest grade achieved:
    f.  Actual creditable service:  2 Years        Grade  
        10 Months  13 Days                         E5                                 

                                               4.  Performance evaluations:  
                                                  ( X ) NONE

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					CASE NO:  AD97-00278

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

5.  Periods of unauthorized absence:  ( X ) NONE

6.  Nonjudicial punishment:  ( X ) NONE
		                   
7.  Court-Martial data:  ( X ) NONE

8.	Remarks:  ( X ) NONE                                                                                                         

SECTION B - Other Service Data

1.  Other discharge(s):

	Service 		Type         
	RA			HD
	RA			HD

	  			

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	CASE NO:  AD97-00278

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

1.  Summary of facts and circumstances concerning discharge:

	Note:	Facts and circumstances pertaining to applicant’s discharge 			proceedings under the provisions of Chapter 10, AR 635-200,
             are not in the file.  Facts and circumstances were taken from prior 		review.

	830425:	Applicant was charged with 3 specifications of wrongfully 				distributing marijuana, and 3 specifications of wrongfully 			possessing marijuana.
	830616:	Applicant consulted legal counsel, requested discharge under the 		provisions of Chapter 10, AR 635-200, in lieu of trial by court 			martial, and did not submit a statement in his own behalf.
	830701:	Separation authority approved separation with an under other than 		honorable conditions discharge.
	830824:	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 960115.
	B-1:	DD Form 293, with eight(8) enclosures as submitted by the applicant.
	C-1:	DD Form 149, dated 950926.

PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE

PART V - SUMMARY OF REVIEW HEARING

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

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				CASE NO:  AD97-00278

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:
	    ( X )	Additional issue(s) identified during review/hearing as follows:

	     Board Issue (2)  The characterization of service is inequitable. 

    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 number(s) below correspond(s) to the 			issue number(s) on the DD Form 293, or in Part VI, 				Paragraph 1 above.
  	
        (2)  The issue is accepted.  The Board determined that the characterization of service was inequitable.  The discharge is inequitable because the applicant's quality of service determination at the time of discharge was inconsistent with the service rendered by the applicant during the period of service under review by the Board.  There was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The applicant's failure to perform in accordance with Army standards is mitigated by service of sufficient merit to warrant an upgrade of the discharge being reviewed.  Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to general, under honorable conditions.  

3.  Response to item(s) not addressed as decisional issue(s):  (1) Inasmuch as the Board voted to grant the partial relief, responses to remaining issues are neither required nor hereby rendered.

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			CASE NO:  AD97-00278

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                        .
	(   )	Equitable. 
	( X )	Inequitable as to characterization.  Change characterization to  General Discharge          .
	(   )	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      5          0  

	  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

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				CASE NO:  AD97-00278

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
COL MATHEWS
Post Hearing Reviewer	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO:  Commander, ARPERCEN                         Date:                         

     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that:

           (   )	Characterization of discharge be changed to Uncharacterized.
           (   )	Characterization of discharge be changed to Honorable.
           ( X )	Characterization of discharge be changed to Under Honorable Conditions.
           (   )	Reason and authority for discharge be changed to
       	                         .
           (   )	Other (see remarks below).

Remarks:  ADRB action requires restoration of grade.  Restore grade to E-5.

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    	

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			             CASE NO:  AD97-00278

SECTION B - CERTIFICATION

INDEX RECORD:  

AD9700278         970313    UD    830804    AR635-200 C10     A7000   GD 5-0 A                 
1          10 11 12        18    20        26                41       46 49 52

                  A9200   A0100   A9317                               
                 53      58      63       

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			CASE NO:  AD97-00278

PART IX - VOTING RECORD

    Name & Rank                              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.   COL ALLEN, THOMAS J.          Mbr          X            X            

    5.   COL MATHEWS, WILLIAM E.       PO           X            X            

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