CASE NO:  AD97-01387

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):  910904                                     

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:  3 Years               Type
b.  Entry date:  881207                        SWASM/2 bronze stars
c.  Age:  22 Years   DOB:  660709              GCMDL                            
d.  Educational level:  HS Grad                                            
e.  Aptitude area scores:
	    GT:  100                               3.  Highest grade achieved:
    f.  Actual creditable service:  2 Years            
        8 Months  28 Days                          Grade    
                                                   E4        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-01387

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)
	900705	FTG (NIF)
	900906	FTG (NIF)
	901220	FOLO by a NCO; and showed disrespect towards a NCO (NIF)
    910223	Disrespectful towards a NCO (NIF)  	 

7.  Court-Martial data:  ( X ) NONE

8.	Remarks:  Applicant received four (4) Article 15’s (See DA Form 4126-R,
			Bar to reenlistment certificate, block 8).

SECTION B - Other Service Data

1.  Other discharge(s):

	Service		Type
	ARNG		NA
	ADT			Hon Rel
	ARNG		NA
	RA			HD

            

	CASE NO:  AD97-01387

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

1.  Summary of facts and circumstances concerning discharge:

	  Note:  Applicant’s separation packet is not in the file.
	
	910904:  Applicant signed DD Form 214, indicating the following facts:
		Character of service is under other than honorable conditions;
		authority for separation Chapter 14, AR 635-200; narrative reason
		misconduct-pattern of misconduct.
	910904:  Applicant was discharged.

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

	As stated on applicant’s DD Form 293.

3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 970114.

PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE

PART V - SUMMARY OF REVIEW HEARING

	a.  Applicant testified:    ( X ) Yes   (   ) No

	b.  Witness(es) testified:  (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:

    B-1: DD Form 293, dated 971027. With eight (8) enclosures as submitted
         by the applicant.

  

				CASE NO:  AD97-01387

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    ( X ) 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 correspond to the issue numbers 			on the DD Form 293 or listed in Part VI below.

        (1-2)  The issues are rejected.  The Board examined the applicant's record of service during the period of enlistment under review.  There was 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 considered the applicant’s post service achievements.  However, good post service conduct, alone, is not a basis upon which the board normally grants relief, and it chose not to do so in this case.  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:  AD97-01387

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.

                  Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  ( X ) NA

				CASE NO:  AD97-01387

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

COL ALLEN                                                                     
Post Hearing Reviewer	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

(X) NONE

SECTION B - CERTIFICATION

Approval Authority:

WILLIAM E. MATHEWS
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

JIMMY R. WYRICK
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge              	C - Other 
B - Material submitted by applicant

INDEX RECORD:

AD9701387         971027    UD    910904    AR 635-200   C14  A6750   NC 5-0 A
1          10 11 12        18    20        26                41      46 49  52

                  A9217   A0100   A9500                                       
                 53      58      63                                           

			CASE NO:  AD97-01387

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  LTC WYRICK, JIMMY R.           Mbr          X                 X       

    2.  COL ALLEN, THOMAS J.           Mbr          X                 X       

    3.  COL MELCHIOR, ROBERT J.        Mbr          X                 X       

    4.  COL MILLER, JOEL D.            Mbr          X                 X       

    5.  COL MATHEWS, WILLIAM E.        PO           X                 X