CASE NO:  AD97-01314

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):  921230

3.  Authority for separation:

	a.  Regulation:  Chapter 14, AR 635-200

	b.  Reason:  Misconduct - Pattern 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:
                                                                                                       
a.  Period entered for:  4 Years 14 Weeks     Type
b.  Entry date:  890725                        NDSM
c.  Age:  21 Years   DOB:  671110              ASR                            
d.  Educational level:  HS Grad                MFOM                            
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  105                               3.  Highest grade achieved:
    f.  Actual creditable service:  3 Years            
        5 Months  6 Days                           Grade    
                                                   E2        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-01314

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)
    910613    FTG,(910526); FOLO, from SFC (910526).  
    920207    Disrespectful in language towards SFC, (920129); FOLO, from SFC (920129)
    920326    Disrespectful in language towards SGT, (920202)
    920330    Unlawfully strike his wife, (920208)
    920720    FTG, (920614); disrespectful in language towards SGT, 
              (920614); as a result of wrongful over indulgence in 
              intoxicating liquor or drugs, was incapacitated for the proper 
              performance of his duties, on or about (920614).

7.  Court-Martial data:

	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

            

	CASE NO:  AD97-01314

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

1.  Summary of facts and circumstances concerning discharge:

   Undated:  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.
   Undated:  Applicant acknowledged notification.
   Undated:  Unit commander recommended separation with an under other than 
             honorable conditions discharge.
    920813:  Applicant consulted legal counsel, waived a hearing by a board of 
             officers contingent upon him receiving a characterization of service
             no less favorable than a general under honorable conditions 
             discharge and did not submit a statement in his own behalf.
    921013:  Intermediate commander recommended disapproval of conditional 
             waiver, waiver of rehabilitation requirement and separation with an 
             under other than honorable conditions discharge.
    921014:  Senior intermediate commander recommended disapproval of conditional 
             waiver, and recommended waiver of rehabilitation requirement be 			 waived and separation with an under other than honorable conditions 		 discharge.
    921109:	 Applicant was notified to appear before a board of officers, and 		 advised of his rights.
    921124:  Board of officers met; applicant appeared with counsel.  The board 
             recommended separation with an under other than honorable conditions 
             discharge.
    921202:  Staff Judge Advocate recommended approval of the board’s 
             recommendation.
    921214:  Separation authority approved separation with an under other than 
             honorable conditions discharge.
    921230:  Applicant was discharged.

2.  Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:

    ( X ) NONE
3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 970319.

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:  AD97-01314

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 applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge.  The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.

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

			CASE NO:  AD97-01314

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 Military Review Boards Agency
                  ATTN:  CPCD
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  ( X ) NA

				CASE NO:  AD97-01314

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
                                                                              
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:*¢

AD*         *  *  *         *     *         *                 A*       *  *   A
1          10 11 12        18    20        26                41       46 49  52

                  A*      A*      A*      A*      A*                          
                 53      58      63      68      73                           

AD*         1  *  A*      A*      A*      A*      A*                          
1          10 11 53      58      63      68      73                           

			CASE NO:  AD97-01314

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.                                 Mbr          X                 X       

    2.                                 Mbr          X                 X       

    3.                                 Mbr          X                 X       

    4.                                 Mbr          X                 X       

    5.                                 PO           X                 X