CASE NO:  AD97-00462

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):  960229                                     

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:
                                                   ( X ) NONE
                                                    
a.  Period entered for:  3 Years
b.  Entry date:  940607                        
c.  Age:  25 Years   DOB:  690420                                          
d.  Educational level:  HS Grad                                            
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  109                               3.  Highest grade achieved:
    f.  Actual creditable service:  1 Year             
        8 Months  23 Days                          Grade    
                                                   E4        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00462

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           
	USAR		   NA
	ADT		   UNCHAR
	USAR		   NA
	RA		   HD

            

	CASE NO:  AD97-00462

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

1.  Summary of facts and circumstances concerning discharge:

	Applicant’s Charge Sheet,  NIF.
    Unknown:	Applicant was charged with making a false official statement and 		forgery.
     960220:	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.
     960221:	Separation authority approved separation with an under other than 		honorable conditions discharge.
     960229:	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 961109.
    C-1:  DD Form 149, dated 961004.                                        

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:  AD97-00462

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:  (5) Separation authority and reason incorrect on applicant’s DD Form 214.

    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.

        (5) The issue is accepted. The Board noted that the applicant's record contains a DD Form 214, Certificate of Release or Discharge from Active Duty, which was signed by the applicant and indicates the reason and the authority for discharge.  The Board further noted, however, that the separation authority, separation code, and narrative reason for separation on the DD Form 214 are incorrect by the evidence of record in the applicant’s file.  The applicant was separated under the provisions of AR 635-200, Chapter 10, and blocks 25, 26 and 28 on the applicant’s 214 should read “AR 635-200, Chapter 10”, “KFS”, and “In Lieu of Trial by Court Martial” respectively.  The Board determined that the reason for discharge on the applicant’s DD Form 214 was improperly changed by an authority involved in the discharge process.
    
        (1 - 4)  The issues are rejected.  The applicant's record is void of specific facts and circumstances concerning the events which led to the applicant's discharge.  The evidence of record shows the applicant was charged with the commission of offense(s) 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  false official statement and forgery.  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 that prior to requesting discharge. After carefully reviewing the available record, 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:  AD97-00462

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:  AD97-00462

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

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

Remarks:  ADRB directs Cdr, ARPERCEN to change block 25 on DD Form 214 to read AR 635-200, CHAPTER 10, block 26 to read KFS, and block 28 to read In Lieu of Trial by CourtMartial.

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: 

AD9700462         970328    UD    960229    AR635-200 C14    A6700    NC 5-0 A
1          10 11 12        18    20        26               41       46 49  52

                  A0156   A0100   A9235   A9311                              
                 53      58      63      68                                  
			CASE NO:  AD97-00462

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