CASE NO:  AD97-00654

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):  940124                                     

3.  Authority for separation:

	a.  Regulation:  Chapter 14, AR 635-200                                                                           

	b.  Reason:	Misconduct
                           
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:  930302                        C/Ach
c.  Age:  36 Years   DOB:  561206                                          
d.  Educational level:  HS Grad                                          
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  115                               3.  Highest grade achieved:
    f.  Actual creditable service:  0 Years            
        10 Months  23 Days                         Grade    
                                                   E4        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00654

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

5.  Periods of unauthorized absence:  ( X ) NONE
                                                                    
6.  Nonjudicial punishment:

	Nature    Date
	Art 15    931115

7.  Court-Martial data:  ( X ) NONE
	
8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data

1.  Other discharge(s):                  

	Service          Type           
	RA		   HD

            

	CASE NO:  AD97-00654

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

1.  Summary of facts and circumstances concerning discharge:

	931217:	Unit commander notified 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.
	940110:	Separation authority approved separation with a general under 				honorable conditions discharge.
	940124:	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 961219.
    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

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

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

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

				CASE NO:  AD97-00654

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:

	    Board Issue (5)  The Board raised an issue that the characterization of service was inequitable.  

    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.

       (5)  The issue is accepted.  The characterization of service was inequitable.  The discharge is inequitable because the applicant's quality of service determination at the time of discharge was inconsistent with the faithful and honorable 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.  Clearly, the applicant's generally acceptable personal conduct and performance of duty mitigated the discrediting entries in the service record.  The applicant's failure to perform in accordance with Army standards is certainly outweighed 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 fully honorable.  The Board also determined that the reason change was inequitable and voted to change it to Secretarial Authority.
 
       (4)  The issue is rejected.  Eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

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

			CASE NO:  AD97-00654

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  SECRETARIAL AUTHORITY   
		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

				CASE NO:  AD97-00654

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.
	(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 	    	     Secretarial Authority 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: 

AD9700654         970321    GD    940124    AR635-200 C14     A6700    HD 5-0 A
1          10 11 12        18    20        26                41       46 49  52

                  A9406   A0157   A9411   A9447                              
                 53      58      63      68                                  
			CASE NO:  AD97-00654

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  MAJ WYRICK, JIMMY              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 MATHEWS, WILLIAM           PO     X             X