CASE NO:  AD97-00500

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):  951108                                     

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:

a.  Period entered for:  3 Years               Type
b.  Entry date:  930106                        NDSM
c.  Age:  19 Years   DOB:  730111              ASR                         
d.  Educational level:  HS Grad                C/Ach                       
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  88                                3.  Highest grade achieved:
    f.  Actual creditable service:  2  Years            
        10 Months  3  Days                         Grade    
                                                   E3        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00500

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

5.  Periods of unauthorized absence:  ( X ) NONE

6.  Nonjudicial punishment: 

    Date      Offense
    950817    Assault
	940728	Disrespect toward a NCO

7.  Court-Martial data:

	a.  SCM:   ( X ) NONE

	b.  SPCM:  ( X ) NONE              

	c.  GCM:	 ( X ) NONE               

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data
( X ) NONE

            

	CASE NO:  AD97-00500

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

1.  Summary of facts and circumstances concerning discharge:

     950329:  Physical examination cleared applicant for separation.
     950406:  Mental status evaluation cleared applicant for separation.
     951016:  Unit commander notified the applicant of initiation of separation 
              action under the provisions of Chapter 14, AR 635-200, for 
              misconduct - commission of a serious offense.  He was advised of 
              his rights.
     951031:  Separation authority approved separation with a general discharge.
     951108:  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 961212.
    B-1:  DD Form 293, with 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:  AD97-00500

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 treated unfairly by his battery commander. The Board reviewed the applicant’s entire military record and found no evience to support his claim that he had appeared before a Board which recommended he receive an honorable discharge.  The Board noted that the applicant was advised by his unit commander that he was being separated based on the applicant’s commission of a serious offense, that is, assault.  The Board further noted that the applicant, given the opportunity to provide a statement on his behalf, chose not to do so.  In regards to veteran’s benefits, eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board.  The applicant should contact a local office of the Department of Veterans Affairs for assistance on this matter.  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:  AD97-00500

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:  AD97-00500

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

(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: 

AD9700500         970417    GD    951108    AR635-200 C14     A6730 NC   5-0 A
1          10 11 12        18    20        26                41      46 49  52

                  A9217   A0100   A9411   A9235                              
                 53      58      63      68                                 

			CASE NO:  AD97-00500

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  LTC PHILLIPS, JOHN S.          Mbr          X                 X      

    2.  LTC SMITH, LILLIAN C.          Mbr          X                 X      

    3.  COL ALLEN, THOMAS              Mbr          X                 X      

    4.  COL MELCHIOR, ROBERT           Mbr          X                 X      

    5.  COL MATHEWS, WILLIAM           PO           X                 X