CASE NO:  AD97-00353

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):  831220

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):  ( 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:  821208                        GCMDL
c.  Age:  19 Years   DOB:  630107              ASR                         
d.  Educational level:  10 Years               OSR                         
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  100                               3.  Highest grade achieved:
    f.  Actual creditable service:  1 Year             
        0 Months  13 Days                          Grade    
                                                   E4        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00353

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    831109

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

SECTION B - Other Service Data

1.  Other discharge(s):                  

	Service          Type           
    RA               HD

            

	CASE NO:  AD97-00353

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

1.  Summary of facts and circumstances concerning discharge:

    831108:  Applicant was charged malingering two (2) specifications.
    831122:  Applicant consulted legal counsel, requested discharge under the 
             provision of Chapter 10, AR 635-200, in lieu of trial by court-martial.
    831206:  Separation authority approved separation with an under other than 
             honorable conditions discharge.
    831220:  Applicant was discharged.

2.  Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:

	See attached:

3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 961206
    B-1:  DD Form 293, with twenty-two (2) 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:  AD97-00353

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.

       Board Issue:  (4)  The characterization of service is too harsh.

      (4)  The issue is accepted.  The Board examined the applicant's record of service during the period of enlistment under review.  There was a full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses.  The Board concluded that the discrediting entries in the applicant's record were outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed.  Although not condoning the misconduct, the Board  determined that the characterization of service was too harsh.   The Board voted to grant relief in the form of a general, under honorable conditions, discharge.  The Board, being convinced that the reason for discharge was  proper and equitable, voted to deny relief.

3.  Response to item(s) not addressed as decisional issue(s):  (1)(2)(3) Inasmuch as the Board voted to grant the full relief requested, responses to the remaining issues are neither required nor rendered.

			CASE NO:  AD97-00353

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       4         1  

	  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:  AD97-00353

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

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 
		                                         .
		( X )  Other (see remarks below).

Remarks:  ADRB action requires restoration of grade.  Restore grade to E-4.

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                  	

   	

CASE NO:  AD97-00353

SECTION B - CERTIFICATION (Cont’d)

INDEX RECORD: 

AD9700353         970319    UD    831220    AR 635-200  C10   A7000    NC 5-0 A
1          10 11 12        18    20        26                41       46 49  52

                  A9406   A0100   A9235   A9447                             
                 53      58      63      68                                  

			CASE NO:  AD97-00353

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