CASE NO:  AD97-00537

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):  910905

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:
                                               Type      
a.  Period entered for:  6 Years               ARCOM 
b.  Entry date:  891013                        AAM            
c.  Age:  27 Years   DOB:  620930              NDSM              
d.  Educational level:  GED                    SWASM w/2BSS      
e.  Aptitude area scores:                      OSR
	    GT:  113       		                     C/Ach
    f.  Actual creditable service:  1 Year
        10 Months  23 Days                     3.  Highest grade achieved:    
									   Grade                           
                                                   E5

                                               4.  Performance evaluations:  
                                                  ( X ) NONE

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					 CASE NO:  AD97-00537

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:  

	a.  SCM:		( X )  NONE
	    Date		Offense(s)

	b.  SPCM:		( X )  NONE
		Date		Offense(s)

	c.	GCM:		( X )  NONE
		Date		Offense(s)

8.	Remarks:  ( X ) NONE                                                                                                         

SECTION B - Other Service Data

1.  Other discharge(s):

	Service 		Type         
	RA			HD
	USARCG		NA
	RA			HD

	  			

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	 CASE NO:  AD97-00537

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

1.  Summary of facts and circumstances concerning discharge:

	910716:	Applicant was charged with violating a lawful general order, to wit:  		by wrongfully retaining as war trophies a hand grenade and six 			rounds of 7.62 ammunition and failure to give notice and turn over 		to proper authority without delay certain captured or abandoned 			property which had come into his possession and control.
	910802:	Applicant consulted legal counsel, requested discharge under the 		provisions of Chapter 10, AR 635-200, in lieu of trial by court 			martial, and submitted a statement in his own behalf.
	910828:	Separation authority approved separation with an other than under 		honorable conditions discharge.    	
	910904:	Applicant did not desire a separation medical examination.
	910905:	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 921117.
	B-1:	DD Form 293, with sixteen(16) 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

1.  Review/Hearing information:  

	a.  Applicant testified:    (   ) Yes   ( X ) No

	b.  Witness(es) testified:  (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  ( X ) NONE

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				CASE NO:  AD97-00537

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 number(s) below correspond(s) to the 			issue number(s) on the DD Form 293, or in Part VI, 				Paragraph 1 above.
  	        
        (1)  The issue is accepted.  The discharge is inequitable because the applicant's quality of service determination at the time of discharge was inconsistent with the service rendered by the applicant during the period of service under review by the Board.  There was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The applicant's failure to perform in accordance with Army standards is mitigated by service of sufficient merit to warrant an upgrade of the discharge being reviewed.  Accordingly, the Board voted grant relief in the form of an upgrade of characterization of service to general, under honorable conditions.  

3.  Response to item(s) not addressed as decisional issue(s):  ( X ) NA

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			 CASE NO:  AD97-00537

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 UNDER HONORABLE CONDITIONS     .
	(   )	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       5         0   

	  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

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				 CASE NO:  AD97-00537

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                     	
COL MATHEWS                                                                    
Post Hearing Reviewer	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO:  Commander, ARPERCEN
     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 	 	 	     Uncharterized.
	(  ) 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 	    	                            .
	(  ) Other (see remarks below).
Remarks:  	(X ) ADRB action requires restoration of grade.  Restore 	 	     grade to E5

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:  

AD9700537         970416    UD    910905    AR635-200   C10   A7000   GD 5-0 A                 
1          10 11 12        18    20        26                41      46 49  52

                  A9408   A0100   A9500                             
	53      63      73	

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			 CASE NO:  AD97-00537

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 J.           Mbr          X            X            

    4.  COL MELCHIOR, ROBERT J.        Mbr          X            X            

    5.  COL MATHEWS, WILLIAM           PO           X            X            

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