CASE NO:  AD97-00551

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

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

2.  Date of discharge (or REFRAD):  930412                                         

3.  Authority for separation:

	a.  Regulation:  Chapter 3, AR 635-200                                                        

	b.  Reason:	As a Result of Court-Martial, Other
                           
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:  2 Years 21 Wks        Type
b.  Entry date:  900906                        AAM
c.  Age:  18 Years   DOB: 720402               NDSM                            
d.  Educational level:  HS Grad                ASR                                     
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  113                               3.  Highest grade achieved:
    f.  Actual creditable service:  2 Years            
        3 Months  28 Days                          Grade    
                                                   E4         

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00551

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

5.  Periods of unauthorized absence:  
                                                                    
    Status       Inclusive dates                       
	AWOL                                                           
	Mil conf     920730-921108                                                   
	Civil conf                                                        
	Other                                                             

6.  Nonjudicial punishment:  ( X ) NONE

7.  Court-Martial data:  ( X ) NONE

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data
                                  (X) NONE

            

	CASE NO:  AD97-00551

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

1.  Summary of facts and circumstances concerning discharge:

    920730:  Applicant was found guilty by a special court-martial
             for two(2) specifications of larceny.  He was sentenced to
             be discharged with a Bad Conduct Discharge, confinement for
             four (4) months; forfeiture of $523.00 pay per month for 
             six(6) months and reduced to E1.
    920911:  The sentence was approved.  The record of trial was forwarded
             to The Judge Advocate General of the Army for review by the
             review by the Court of Military Review.
    930318:  The sentence having been affirmed pursuant of Article 66
             and Article 71(c) having been complied with, the sentence
             was ordered to be executed.
    930412:  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 thirty(30) 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:  AD97-00551

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.  Court-Martial convictions stand as adjudged or modified by appeal through the judicial process.  The Army Discharge Review Board  cannot retry the case.  The Army Discharge Review Board is empowered only to change the discharge if it determines that clemency is in order.  Clemency is an act of mercy, or instance of leniency, to moderate the severity of punishment. Even though a single incident, the Board concluded that the discrediting entry constituted a departure from the standards of conduct expected of soldiers in the Army.  The applicable Army Regulation clearly states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  Having examined all the circumstances, the Board determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, bring discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable or general discharge. After a thorough review of the applicant's record and any issues submitted, the Board found no cause for clemency and voted to deny relief.    

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

			CASE NO:  AD97-00551

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:  AD97-00551

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

(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:

AD9700551         970502    BD    930412    AR 635-200  C3    A6800    NC  5-0 A
1          10 11 12        18    20        26                41       46 49  52

                  A9217   A0100   A9235                                       
                 53      58      63                                           

			CASE NO:  AD97-00551

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