CASE NO:  AD97-01383

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):  960322

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:
                                               Type      
a.  Period entered for:  6 Years               ARCOM 
b.  Entry date:  910103                        AAM            
c.  Age:  32 Years   DOB:  580622                                
d.  Educational level:  HS Grad                                  
e.  Aptitude area scores:              
	    GT:  104       		                 3.  Highest grade achieved:
    f.  Actual creditable service:  5 Years        Grade  
        2 Months  19 Days                          E7                              

                                               4.  Performance evaluations:  
                                                  ( X ) NONE

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					 CASE NO:  AD97-01383

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

5.  Periods of unauthorized absence:  ( X ) NONE

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

1.  Other discharge(s):

	Service 		Type         
	RA			HD
	USAR		NA
	ARNG		HD
	ARNG		HD
	USAR		NA
	USAR		HD

	  			  

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	 CASE NO:  AD97-01383

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

1.  Summary of facts and circumstances concerning discharge:

	940310:  Applicant was convicted in The Seventh Judicial District Court for
 	         the County of Madison of the State of Idaho on seven counts of
	         telephone harrassment.
	940310:  Applicant was sentenced to 24 months in the Madison County Jail with 	         18 months suspended on the condition the probation is complied with.     	         Applicant was placed on probation for two years after completion of  	         six month sentence.	
	940803:  Unit commander notified the applicant of initiation of separation
             action under the provisions of Chapter 14, AR 635-200, for
             misconduct-civilian conviction.  He was advised of his rights.
940825:  Applicant acknowledged notification, consulted legal counsel, 	requested a hearing by a board of officers, and submitted a 	statement in his own behalf.
	940825:	Applicant submitted a request for conditional waiver. 
	941108:	Intermediate commander recommended approval with an under other than 		honorable conditions discharge.
	941108:	Separation authority approved separation with an under other than 		honorable conditions discharge.
	951003:	Physical examination cleared applicant for separation.
	960322:	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 970314.
	B-1:	DD Form 293, with two(2) 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:  AD97-01383

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, 2, 3, 4, 5)  The issues are rejected.  The record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that stress adversely affected his capability to serve in the military.  Even if true, the Board was of the opinion that the applicant had many other legitimate avenues open to him without committing the serious offense which led to his discharge under review. The record contains a statement by the applicant that he knew what he was doing was wrong, but that he did not seek treatment for his condition until after he was arrested.   The Board examined the applicant's record of service during the period of enlistment under review.  There was a full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses.  The Board concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed.  The Board found no evidence of arbitrary or capricious actions by the command. 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.  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:  AD97-01383

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:  AD97-01383

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:  

AD9701383         970618    GD    960322    AR 635-200   C14  A6700  NC 5-0 A                
1          10 11 12        18    20        26                41     46 49  52

                  A9217   A0100   A9323   A9411                               
                 53      58      63      68                                   

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			 CASE NO:  AD97-01383

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 MELCHIOR, ROBERT J.       PO            X                 X       

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