CASE NO:  AD97-00786

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):  950725                                     

3.  Authority for separation:

	a.  Regulation:  Chapter 10, AR 635-200

	b.  Reason:	In Lieu of Trial by 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       
                                               AAM (1st OLC)
a.  Period entered for:  3 Years               NDSM
b.  Entry date:  931013                        ASR          
c.  Age:  19 Years   DOB:  740125              OSR                         
d.  Educational level:  HS Grad                                            
e.  Aptitude area scores:  ( X ) NIF/NA            
	    GT:  110                               3.  Highest grade achieved:
    f.  Actual creditable service:  1  Year             
        6  Months  12 Days                         Grade    
                                                   E3        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00786

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

5.  Periods of unauthorized absence: 
                                                                    
    Status       Inclusive dates                       
	AWOL          950221 - 950521                                      
	Mil conf                                                           
	Civil conf                                                         
	Other                                                              

6.  Nonjudicial punishment:

	Nature    Date
	Art 15    950215

7.  Court-Martial data:  ( X ) NONE

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data

1.  Other discharge(s):                  

	Service          Type           
    ARNG             NA
    ADT              UNCHAR
    ARNG             NA

            

	CASE NO:  AD97-00786

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

1.  Summary of facts and circumstances concerning discharge:

    950530:  Applicant was charged with AWOL.
    950530:  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.
    950621:  Separation authority approved separation with an under other than 
             honorable discharge.
    950725:  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 293, with three (3) 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:  AD97-00786

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, 3)  The issues are rejected.  The evidence of record shows 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 offense of being AWOL for more than 30 days.  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 that 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

			CASE NO:  AD97-00786

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:  AD97-00786

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

(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: 

AD9700786         970321    UD    950725    AR635-200 C10     A7100    NC 5-0 A
1          10 11 12        18    20        26                41       46 49  52

                  A9235   A0100   A9217   A9207                             
                 53      58      63      68                                  

			CASE NO:  AD97-00786

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 ALLEN, THOMAS              Mbr          X                 X       

    5.  COL MATHEWS, WILLIAM           PO           X                 X