CASE NO:  AD97-00512

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):  850517                                     

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:  6 Years               Type
b.  Entry date:  810326                        GCMDL       HSM
c.  Age:  22 Years   DOB:  581214              NCOPDR                  
d.  Educational level:  HS Grad                ASR                         
e.  Aptitude area scores:  ( X ) NIF/NA	   OSR
	    GT:  76                                3.  Highest grade achieved:
    f.  Actual creditable service:  4 Years            
        1 Month  22 Days                           Grade    
                                                   E4        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00512

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)
	850130	FOLO issued by SGT (850118)
	850325	Disrespectful in language toward SGT (850313)
	850415	Failed to report for extra duty on time (850403)(summarized)

7.  Court-Martial data:  ( X ) NONE

8.	Remarks:  DA Form 2627-2, dated 850314 shows applicant received an Article 15 on 850314, however this particular Article 15, NIF.

SECTION B - Other Service Data

1.  Other discharge(s):

	Service		Type
	RA		HD

            

	CASE NO:  AD97-00512

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

1.  Summary of facts and circumstances concerning discharge:

     850509:	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.
    Undated:	Applicant acknowledged notification, waived legal counsel, waived a 		hearing by a board of officers, and did not submit a statement in 		his own behalf.
     850509:	Unit commander recommended applicant be separated from the Service 		and requested requirements for a rehabilitative transfer be waived.
     850513:	Separation authority waived rehabilitation and approved separation 		with a general discharge.
     850517:	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 961204.

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:  AD97-00512

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 US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  The Defense Discharge Review Standards specifically state:  "No factors shall be established that require automatic change or denial of a change in discharge."  The Board examined the applicant's record of service during the period of enlistment under review.  There was 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 not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed.  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:  AD97-00512

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:  AD97-00512

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
COL ALLEN                                                                     
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:

AD9700512         970502    GD    850517    AR 635-200  C13   A4900   NC 5-0 A
1          10 11 12        18    20        26                41      46 49  52                  

	A9217   A0100   A9447                                       
                 53      58      63                                           

			CASE NO:  AD97-00512

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  LTC PHILLIPS, JOHN S.         Mbr           X                 X       

    2.  LTC WHISKER, JILL M.          Mbr           X                 X       

    3.  COL ALLEN, THOMAS J.          Mbr           X                 X       

    4.  COL MELCHIOR, ROBERT J.       Mbr           X                 X       

    5.  COL BARNES, EL CARTIO         PO            X                 X