CASE NO:  AD97-00764

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):  910417

3.  Authority for separation:

	a.  Regulation:  Chapter 14, AR 635-200                                                                                                                                             

	b.  Reason:  Misconduct-Patterns of 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      
a.  Period entered for:  5 Years               NDSM  
b.  Entry date:  880407                        ASR            
c.  Age:  18 Years   DOB:  700319              C/Ach                  
d.  Educational level:  HS Grad                                  
e.  Aptitude area scores:              
	    GT:  117       		                 3.  Highest grade achieved:
    f.  Actual creditable service:  3 Years        Grade  
        0 Months  11 Days                          E4                              

                                               4.  Performance evaluations:  
                                                  ( X ) NONE

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					 CASE NO:  AD97-00764

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

5.  Periods of unauthorized absence:  ( X ) NONE

6.  Nonjudicial punishment: 
		                   
	Date		Offense(s)
	890426		Wrongfully posses, with intent to decieve, a certain instrument 				purporting to be an official military identification card, you 				then knew the same to be false (890222).
	910318:		FTG (910219).

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:  AD97-00764

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

1.  Summary of facts and circumstances concerning discharge:

	910226:	Physical examination cleared applicant for separation.
	910318:	Unit commander notified the applicant of initiation of 				separation action under the provisions of Chapter 14, AR 				635-200, for misconduct-pattern of misconduct.  He was advised of 		his rights.
	910319:	Applicant acknowledged notification, consulted legal counsel, and 		did not submit a statement in his own behalf.
	undated: Unit commander recommended separation with a general under honorable 		 conditions discharge, and requested that the rehabilitative transfer 		 requirements be waived.
	910327:	Intermediate commander recommended approval with a general under 		honorable conditions discharge.
	910329:	Separation authority waived rehabilitation and approved separation 		with a general discharge.
	910417:	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 970122.
	B-1:	DD Form 293, with twenty(20) 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

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:  AD97-00764

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.

        (1-3)  The issues are rejected.  The applicant's discharge was appropriate because the quality of service at the time of discharge was determined to be inconsistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.   By misconduct and poor duty performance, the applicant diminished the quality of service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  The Board did consider the applicant’s age at the time and stated maritial and family problems.   However, 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:  AD97-00764

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:  AD97-00764

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

(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:  

AD9700764         970604    GD    910417    AR635-200 C14     A6750    NC 5-0A                 
1          10 11 12        18    20        26                41       46 49 52

                  A9200   A0100   A9301   A9307   A9447                     
                 53      58      63      68      73                           

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			 CASE NO:  AD97-00764

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  LTC WYRICK, JIMMY              Mbr          X                 X       

    2.  LTC PHILLIPS, JOHN             Mbr          X                 X       

    3.  LTC SMITH, LILLIAN             Mbr          X                 X       

    4.  COL ALLEN, THOMAS              Mbr          X                 X       

    5.  COL MATHEWS, WILLIAM           PO           X                 X       

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