CASE NO:  AD97-00640

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):  901231                                     

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:

a.  Period entered for:  5 Years               Type
b.  Entry date:  890206                        AAM    (1st OLC)
c.  Age:  26 Years   DOB:  620722              NCOPDR                       
d.  Educational level:  HS Grad                                            
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  91                                3.  Highest grade achieved:
    f.  Actual creditable service:  1  Year             
        10 Months  26 Days                         Grade    
                                                   E4        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00640

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

	b.  SPCM:  ( X ) NONE              

	c.  GCM:	 ( X ) NONE               

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data

1.  Other discharge(s):
 
    Service          Type
    RA               HD
    RA               HD 

            

	CASE NO:  AD97-00640

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

1.  Summary of facts and circumstances concerning discharge:

    Unknown:  Mental status cleared applicant for separation.
     900716:  Physical examination cleared applicant for separation.
     900730:  Unit commander notified the applicant of initiation of separation 
              action under the provisions of Chapter 14, AR 635-200, for 
              misconduct - commission of a serious offense.  He was advised of 
              his rights.
     900730:  Applicant acknowledged notification, consulted legal counsel, 
              waived a hearing by a board of officers, and did not submit a 
              statement in his own behalf.
     900730:  Unit commander recommended separation with an under other than 
              honorable conditions discharge.
     900806:  Intermediate commander recommended approval with a general 
              discharge.
     900820:  Senior intermediate commander recommended approval with an under 
              other than honorable conditions discharge.
     901107:  Board officers met; applicant appeared with counsel.  The board 
              recommended separation with an under other than honorable 
              conditions discharge.
    Undated:  Staff Judge Advocate determined the separation action to be legally 
              sufficient.
     901214:  Separation authority approved the board’s findings and 
              recommendations with an under other than honorable conditions 
              discharge.
     901231:  Applicant was discharged.

2.  Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
	( X ) NONE

3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 970123.
    B-1:  DD Form 293, with one (1) enclosure 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:  AD97-00640

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 numbers on the DD Form 293, or in Part VI, Paragraph 		1, above.

       Board Issue:  (1)  The characterization of service is too harsh.

      (1)  The issue is accepted.  The Board examined the evidence of record and noted that the applicant had over seven years of faithful and honorable service prior to the misconduct under review.  The Board noted that the applicant had two previous periods of enlistment with honorable discharge certificates.  The Board also noted the lack of any other derogatory information in the record and that the intermediate commander recommended a general, under honorable conditions, discharge.  Considering all the facts of the case, the Board determined that the characterization of service was too harsh.  Accordingly, the Board voted to grant partial relief in the form of a general, under honorable conditions, characterization of discharge.  The Board was satisfied that the reason for discharge was proper and equitable and to change it would be inappropriate.

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

			CASE NO:  AD97-00640

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 Discharge         .
	(   )	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:  AD97-00640

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

(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: 

AD9700640         970409    UD    901231    AR635-200 C14    A6730   GD 5-0  A
1          10 11 12        18    20        26               41       46 49  52

                  A9406  A0100   A9500                           
                 53     58      63                                     

			CASE NO:  AD97-00640

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  MAJ WYRICK, JIMMY              Mbr          X            X            

    2.  LTC PHILLIPS, JOHN             Mbr          X            X            

    3.  LTC SMITH, LILLIAN             Mbr          X            X            

    4.  LTC WHISKER, JILL              Mbr          X            X            

    5.  COL ALLEN, THOMAS              PO           X            X