CASE NO:  AD97-00725

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):  960320                                     

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:
                                                   Type
                                               AAM  
a.  Period entered for:  3 Years             
b.  Entry date:  930129                        
c.  Age:  22 Years   DOB:  710103                                         
d.  Educational level:  HS Grad                                            
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  114                               3.  Highest grade achieved:
    f.  Actual creditable service:  2  Years            
        5  Months  19 Days                         Grade    
                                                   E4        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00725

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

5.  Periods of unauthorized absence:
                                                                    
    Status       Inclusive dates                       
	AWOL                                                              
	Mil conf                                                          
	Civil conf    950814-960216                                        
	Other                                                             

6.  Nonjudicial punishment:  ( X ) NONE

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:  AD97-00725

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

1.  Summary of facts and circumstances concerning discharge:

	960223:  Unit commander notified the applicant of initiation of separation
	         action under the provisions of Chapter 14, AR 635-200, for misconduct.
	         He was advised of his rights.
	960313:  Separation authority approved separation with a general discharge.
	960320:  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, undated. 
    B-1:  DD Form 149, dated 960917.

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:  AD97-00725

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:
	    (   )	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.

	   (1)(2)  The issues are rejected.  The period of time for which the applicant received an under honorable conditions characterization of service is 29 January 1993 through 20 March 1996.  Therefore, it is this period of service that the Board reviewed.  Even though a single incident, the Board concluded that the discrediting entry constituted a departure from the standards of conduct expected of soldiers in the Army.  The applicable Army Regulation clearly states that there are circumstances " in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization".  Having examined all the circumstances, the Board determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, bring discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.
Therefore, the Board, being convinced that the characterization of service and reason for discharge were both proper and equitable, voted deny relief.   

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

			CASE NO:  AD97-00725

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                      .
	( X )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	(   )	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       0         5   

	  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:  AD97-00725

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
LTC WHISKER                                                                   
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:

AD9700725         970401    GD    960320    AR 635-200   C14  A6100    NC 5-0 A
1          10 11 12        18    20        26                41       46 49  52

                  A0113   A0100   A9235   A9207                               
                 53      58      63      68                                   

			CASE NO:  AD97-00725

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 ALLEN, THOMAS J.            Mbr          X                 X       

    5. COL MATHEWS, WILLIAM            PO           X                 X