CASE NO:  AD97-00486

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

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

2.  Date of discharge (or REFRAD):  861205                                     

3.  Authority for separation:

	a.  Regulation:  Chapter 13, AR 635-200                                                                           

	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:  4 Years               Type
b.  Entry date:  830127                        GCMDL
c.  Age:  22 Years   DOB:  601110              ASR                         
d.  Educational level:  HS Grad                                            
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  109                               3.  Highest grade achieved:
    f.  Actual creditable service:  3 Years            
        10 Months  9 Days                          Grade    
                                                   E4        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00486

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

5.  Periods of unauthorized absence:  ( X ) NONE
                                                                    
6.  Nonjudicial punishment:

	Date 	Offense(s)
	841121	Wrongfully used some amount of marijuana between (840616 and 840716)
	860513	Absent from his place of duty (860513)(summarized)
	861105	DOLC from CPT (861029)

7.  Court-Martial data:  ( X ) NONE

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data
( X ) NONE

            

	CASE NO:  AD97-00486

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

1.  Summary of facts and circumstances concerning discharge:

	861028:	Physical examination and mental status evaluation cleared applicant 		for separation.
	861105:	Unit commander notified applicant of initiation of separation action 		under the provisions of Chapter 13, AR 635-200, for unsatisfactory 		performance.  He was advised of his rights.
	861105:	Applicant acknowledged notification, consulted legal counsel, and 		did not submit a statement in his own behalf.
	861118:	Unit commander recommended approval and requested requirements for a 		rehabilitative transfer be waived.
	861121:	Separation authority waived rehabilitation and approved separation 		with a general discharge.
	861205:	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 961205.

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:  AD97-00486

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 record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that  he was discharged based on an isolated incident.  The record shows the applicant was administered three articles 15 for: illegal use of marijuana, failure to go to his appointed place of duty and for disobeying a lawful command.  The Board also noted instances of failure to pay just debts, spouse abuse, child neglect and larceny of private property.  The applicant's discharge was appropriate because the quality of service determination at the time of discharge was consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By  misconduct and poor duty performance the applicant diminished the quality of service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or the applicant’s service mitigated the misconduct or poor duty performance.  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:  AD97-00486

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:  AD97-00486

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
LTC PHILLIPS                                                                  
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:

AD9700486         970519    GD    861205    AR 635-200        A4900   NC 5-0 A
1          10 11 12        18    20        26                41      46 49  52

                  A9217   A0100   A9235                          
                 53      58      63

			CASE NO:  AD97-00486

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1. LTC WYRICK, JIMMY               Mbr          X                 X       

    2. LTC PHILLIPS, JOHN              Mbr          X                 X       

    3. LTC SMITH, LILLIAN              Mbr          X                 X       

    4. COL ALLEN, THOMAS               Mbr          X                 X       

    5. COL MATHEWS, WILLIAM            PO           X                 X