CASE NO:  AD97-01307

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):  940712                                     

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:

a.  Period entered for:  3 Years               Type
b.  Entry date:  930423                        ARCOM
c.  Age:  22 Years   DOB:  700909                                          
d.  Educational level:  HS Grad                                       
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  112                               3.  Highest grade achieved:
    f.  Actual creditable service:  1 Year            
        2 Months  20 Days                          Grade    
                                                   E4        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-01307

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)
	940401	FOLO (940325)

7.  Court-Martial data:  ( X ) NONE

8.	Remarks:  Continuation Sheet for Article 15, dated 940401, NIF.

SECTION B - Other Service Data

1.  Other discharge(s):

	Service		Type
	RA		HD
	USARCGP		NA

            

	CASE NO:  AD97-01307

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

1.  Summary of facts and circumstances concerning discharge:

	940603:	Physical examination cleared applicant for separation.
	940614:	Mental status evaluation cleared applicant for separation.
	940617:	Unit commander notified 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.
	940617:	Applicant acknowledged notification.
	940617:	Unit commander recommended applicant be separated from the Service 		and requested requirements for a rehabilitative transfer be waived.
	940620:	Applicant consulted legal counsel and did not submit a statement in 		his own behalf.
	940624:	Intermediate commander recommended approval with a general under 		honorable conditions discharge.
	940705:	Intermediate commander recommended approval with a general under 		honorable conditions discharge.
	940712:	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 970320.

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:  AD97-01307

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)  The issue is rejected.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting to Army standards by providing counseling and even by imposition of nonjudicial punishment.  The applicant failed to respond appropriately to these efforts.  The Board was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  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:  AD97-01307

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:  AD97-01307

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
LTC SMITH                                                                     
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:

AD9701307         970605    GD    940712    AR 635-200  C14   A6750   NC 5-0 A
1          10 11 12        18    20        26                41      46 49  52
                  A9217   A0100   A9235                                       
                 53      58      63                                           

			CASE NO:  AD97-01307

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