CASE NO:  AD97-00594

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):  920110                                     

3.  Authority for separation:

	a.  Regulation:  Chapter 14, AR 635-200

	b.  Reason:	Misconduct - Minor Disciplinary Infractions
                           
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:  900327                        NDSM
c.  Age:  23 Years   DOB:  660727              ASR                         
d.  Educational level:  15 Years               C/Ach                       
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  108                               3.  Highest grade achieved:
    f.  Actual creditable service:  1  Year             
        8  Months  25 Days                         Grade    
                                                   E3        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00594

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

5.  Periods of unauthorized absence: 
                                                                    
    Status       Inclusive dates                       
	AWOL          911024 - 911029; 911125 - 911126; 911204 - 911209; 
                  920102 - 920106
	Mil conf                                                          
	Civil conf                                                        
	Other                                                             

6.  Nonjudicial punishment:  ( X ) NONE

	Nature    Date
	Art 15    910110 (Summarized)

7.  Court-Martial data:  ( X ) NONE

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data
( X ) NONE

            

	CASE NO:  AD97-00594

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

1.  Summary of facts and circumstances concerning discharge:

    911127:  Unit commander notified the applicant of initiation of separation 
             action under the provisions of Chapter 14, AR 635-200, for misconduct - 
             minor disciplinary infractions.  He was advised of his rights.
    920102:  Separation authority approved separation with an under other than  
             honorable conditions discharge.
    920110:  Applicant was discharged. 

2.  Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
	Sse attached DD Form 293.

3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 961212.

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:  AD97-00594

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 numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.

       Board Issue:  (4)  The characterization of service is too harsh.

       (4)  The issue is accepted. The Board  noted that the applicant’s discrediting entries were incidents of a minor nature.   The Board determined that the behavior did not constitute a significant departure from the conduct expected of soldiers as required for an under other than honorable conditions characterization.  Accordingly, the Board voted to grant partial relief in the form a general, under honorable conditions, characterization of discharge.  However, the Board was satisfied that the reason for discharge was proper and equitable and voted not to change it.

3.  Response to item(s) not addressed as decisional issue(s):  ((1)(2)(3) Inasmuch as the Board voted to grant the full relief requested, responses to the remaining issues are neither required nor rendered.

			CASE NO:  AD97-00594

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

				CASE NO:  AD97-00594

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
     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 	    	     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:

AD9700594         970326    UD    920110    AR635-200   C14   A6710    GD 5-0 A
1          10 11 12        18    20        26                41       46 49  52

                  A9217   A0100   A9311   A9447   A9445                       
                 53      58      63      68      73                           

			CASE NO:  AD97-00594

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1. MAJ WYRICK, JIMMY R.            Mbr          X            X            

    2. LTC SMITH, LILLIAN C.           Mbr          X            X            

    3. LTC WHISKER, JILL M.            Mbr          X            X            

    4. COL MELCHIOR, ROBERT J.         Mbr          X            X            

    5. COL MATHEWS, WILLIAM            PO           X            X