CASE NO:  AD97-00761

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 10, AR 635-200                                                                                                                                             

	b.  Reason:  For The Good Of The Service - In Lieu Of Court Martial

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      
a.  Period entered for:  4 Years               NDSM  
b.  Entry date:  890711                        SWASM w/1BSS   
c.  Age:  17 Years   DOB:  720330              ASR               
d.  Educational level:  GED                    OSR               
e.  Aptitude area scores:              
	    GT:  110       		                 3.  Highest grade achieved:
    f.  Actual creditable service:  2 Years        Grade  
        4 Months  13 Days                          E2                              

                                               4.  Performance evaluations:  
                                                  ( X ) NONE

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					 CASE NO:  AD97-00761

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

5.  Periods of unauthorized absence: 

	Status         Inclusive dates
	AWOL           900628-900715; 910819-910917
	Mil conf                                                         
	Civil conf                                                         
	Other                                                             

6.  Nonjudicial punishment:  ( X ) NONE

7.  Court-Martial data:  ( X ) NONE

	a.  SCM:		( X )  NONE
	    Date		Offense(s)

	b.  SPCM:		( X )  NONE
		Date		Offense(s)

	c.	GCM:		( X )  NONE
		Date		Offense(s)

8.	Remarks:  ( X ) NONE                                                                                                         

SECTION B - Other Service Data
( X ) NONE

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	 CASE NO:  AD97-00761

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

1.  Summary of facts and circumstances concerning discharge:

	911104:	Applicant was charged with AWOL (910819-910918); steal certain 			checks, to wit:  checks numbered #138, 141, 142, 143, 144, and 148, 		of some value the property of PV2; with intent to defraud , falsely 		make the signature of the PV2, thereby attempting to steal US 			Currency of some value, the property of the PV2 (6 specifications).
	911118:	Applicant consulted legal counsel, requested discharge under the 		provisions of Chapter 10, AR 635-200, in lieu of trial by court 			martial, and did not submit a statement in his own behalf.
	911218:	Separation authority approved separation with an under other than 		honorable conditions discharge.
 	920107:	Applicant did not desire a separation medical examination.
	920110:	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 970116.

PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE

PART V - SUMMARY OF REVIEW HEARING

1.  Review/Hearing information:  

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

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

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

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				CASE NO:  AD97-00761

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 number(s) below correspond(s) to the 			issue number(s) on the DD Form 293, or in Part VI, 				Paragraph 1 above.
  
       (1)  The issue is rejected.  The record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that  his misconduct was caused by PTSD.  The evidence of record shows that the applicant was charged with the commission of offenses punishable under the Uniform Code Of Military Justice with a punitive discharge.  The Board noted that after consulting with legal counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial.  By doing so, the applicant admitted guilt to the offenses as charged.  The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Finally, the Board considered the applicant's entire record of service for the period under review; it also noted that the characterization of service for this type of discharge is normally Under Other Than Honorable Conditions and that the applicant was aware of this prior to requesting discharge.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.
	
3.  Response to item(s) not addressed as decisional issue(s):  ( X ) NA

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			 CASE NO:  AD97-00761

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

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				 CASE NO:  AD97-00761

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
COL ALLEN                                                                      
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:  

AD9700761         970604    UD    920110    AR635-200  C10    A7000   NC 5-0 A                
1          10 11 12        18    20        26                41      46 49  52

                  A9235   A0100   A9321                                       
                 53      58      63                                           

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			 CASE NO:  AD97-00761

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  LTC WYRICK, JIMMY R.          Mbr           X                 X       

    2.  LTC PHILLIPS, JOHN S.         Mbr           X                 X       

    3.  LTC SMITH, LILLIAN C.         Mbr           X                 X       

    4.  COL ALLEN, THOMAS J.          Mbr           X                 X       

    5.  COL MATHEWS, WILLIAM          PO            X                 X       

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