CASE NO:  AD97-00713

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):  841019                                     

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:  3 Years (12 Mos Ext)  Type
b.  Entry date:  791121          (791128)      GCMDL
c.  Age:  19 Years   DOB:  600212              ASR                         
d.  Educational level:  11 Years                                           
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  86                                3.  Highest grade achieved:
    f.  Actual creditable service:  4 Years             
        9 Months  21 Days                          Grade    
                                                   E3        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00713

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

5.  Periods of unauthorized absence:
                                                                    
    Status       Inclusive dates                       
	AWOL                                                               
	Mil conf     840222-840330                                         
	Civil conf                                                         
	Other                                                              

6.  Nonjudicial punishment:

	Nature    Date
	Art 15    810904

7.  Court-Martial data:

	SPCM of FTG; damage by reckless driving military property in excess of the 
    sum of $100.00; operate a vehicle while drunk

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data
( X ) NONE

            

	CASE NO:  AD97-00713

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

1.  Summary of facts and circumstances concerning discharge:

	840222:	Applicant was found guilty by a special court-martial of FTG, damage 		by reckless driving military property in excess of the sum Of 		         $100.00; operate a vehicle while drunk.  He was sentenced to be 	  		discharged with a Bad Conduct Discharge, confinement at hard labor 		for forty-five (45) days, forfeiture of $387.00 pay per month for 		three months, and reduction to E1.
	840307:	The sentence was approved.  The record of trial was forwarded to The 		Judge Advocate General of The Army for review by the Court of 		         Military Review.
	840814:	The sentence having been affirmed pursuant to Article 66 and Article 		71 (c) having been complied with, the sentence was ordered to be 		executed.
	841019:	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 961230.

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:  AD97-00713

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.

        (5)  Board issue.  Clemency is warranted.  

        (5)  The issue is accepted.  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.  After a thorough review of the applicant's record and any issues submitted, the Board found clemency and voted to upgrade the characterization of service to general, under honorable conditions.

3.  Response to item(s) not addressed as decisional issue(s):  ( X ) Inasmuch as the Board granted the full relief requested answers to the remaining issues are neither required nor rendered.  

			CASE NO:  AD97-00713

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                             .
	(   )	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:  AD97-00713

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
LTC PHILLIPS
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.
           (   )	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
       	                               .
           (   )	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: 

AD9700713         970418    BD    841019    AR635-200 C3      A6200    GD 5-0A
1          10 11 12        18    20        26                41       46 49 52

                  A9106   A0100   A9217   A9217   A9406                           
                 53      58      63      68      73  
			CASE NO:  AD97-00713

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.  COL WHISKER, JILL              Mbr          X            X            

    5.  COL MELCHIOR, ROBERT 		   PO           X            X