CASE NO:  AD97-00593

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):  910911

3.  Authority for separation:

	a.  Regulation:  Chapter 14, AR 635-200                                                                                                                                             

	b.  Reason:  Misconduct-Commission Of A Serious Offense

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               AAM   
b.  Entry date:  881102                        NDSM           
c.  Age:  24   Years   DOB:  631118            SWASM w/3BSS      
d.  Educational level:  13 Years               ASR   
e.  Aptitude area scores:                      OSR
	    GT:  122       					   C/Ach
    f.  Actual creditable service:  2 Years        C/A
        10 Months  10 Days                         L/A                                
                                               
								     3.  Highest grade achieved:
                                                   Grade
                                                   E4
                                             
                                               4.  Performance evaluations:  
                                                  ( X ) NONE

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					 CASE NO:  AD97-00593

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)
	910425		FOLO from Commander 284th Military Police Company Billets 					Standard Operating Procedures (SOP)
			      
7.  Court-Martial data:  ( X ) NONE

	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
( X ) NONE

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	 CASE NO:  AD97-00593

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

1.  Summary of facts and circumstances concerning discharge:

	910716:	Mental status evaluation cleared applicant for separation.
	910722:	Physical examination cleared applicant for separation.
	910808:	Unit commander notified the applicant of initiation of separation 		action under the provisions of Chapter 14, AR 635-200, for 			misconduct-commission of serious offense.  She was advised of her 		rights.
	910808:	Unit commander recommended separation with a honorable discharge.
910812:	Applicant acknowledged notification, consulted legal counsel, and 	submitted a statement in her own behalf.
	910821:	Intermediate commander recommended approval with a honorable 			discharge.
	910821:	Staff Judge Advocate determined the separation to be legally 			sufficient.
	910826:	Separation authority waived rehabilitation and approved separation 		with a general discharge.
	910911:	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 970107.

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:  AD97-00593

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:
	    ( X )	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.

       Board Issue:  The characterization of service is too harsh.

      (4)  The issue is accepted.  The Board examined the applicant's record of service during the period of enlistment under review.  There was a 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 noted that the applicant had served in Iraq and received an Army Achievement Medal for the deployment.  The Board also noted that the unit and battalion commanders both recommended separation with an honorable discharge.  Considering all the facts, the Board concluded that the characterization of service was too harsh.  Therefore, the Board voted to change the characterization of service to honorable.  The Board, being convinced that the reason for discharge  was proper and equitable, to change it would be inappropriate.

3.  Response to item(s) not addressed as decisional issue(s):  Inasmuch as the Board voted to grant the full relief requested, responses to the remaining issues are neither required nor rendered.

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			 CASE NO:  AD97-00593

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  HONORABLE                             .
	( X )	Inequitable as to reason.  Change reason to  MISCONDUCT   under   AR635-200                              .
	(   )	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       5         0    
    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:  AD97-00593

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

TO:  Commander, ARPERCEN                         Date:                         

     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 Uncharacterized.
           ( X )	Characterization of discharge be changed to Honorable.
           (   )	Characterization of discharge be changed to Under Honorable Conditions.
           ( X )	Reason and authority for discharge be changed to
       	 MISCONDUCT UNDER AR 635-200  .
           (   )	Other (see remarks below).

Remarks:  ( 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:  

AD9700593         970604    GD    910911    AR635-200 C14     A6730    HD 5-0A                 
1          10 11 12        18    20        26                41       46 49 52

                  A9217   A0100   A9447                               
                 53      58      63                                 

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			 CASE NO:  AD97-00593

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                 

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