CASE NO:  AD97-01535

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):  831214

3.  Authority for separation:

	a.  Regulation:  Chapter 13, AR 635-200                                                                                                              

	b.  Reason:  Unsatisfactory Performance

4.  Prior review(s):  ( X ) NONE

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

1.	Service data:                              2.  Awards and decorations:
                                               ( X ) NONE      
a.  Period entered for:  4 Years                     
b.  Entry date:  821116                                       
c.  Age:  19 Years   DOB:  630318                                
d.  Educational level:  HS Grad                                  
e.  Aptitude area scores:              
	    GT:  104       		                 3.  Highest grade achieved:
    f.  Actual creditable service:  1 Year         Grade  
        0 Months  29 Days                          E2                              

                                               4.  Performance evaluations:  
                                                  ( X ) NONE

					 CASE NO:  AD97-01535

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 
	USAR		NA
	ADT			HonRel
	USAR		HD

	  			

	 CASE NO:  AD97-01535

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

1.  Summary of facts and circumstances concerning discharge:

	831107:	Physical examination cleared applicant for separation.
	831121:	Unit commander notified the applicant of initiation of separation 		action under the provisions of Chapter 13, AR 635-200, for 			unsatisfactory performance.  He was advised of his rights.
	831128:	Psychiatric examination cleared applicant for separation.
	831201:	Mental status evaluation cleared applicant for separation.
   Undated:	Applicant acknowledged notification, consulted legal counsel, and 		did not submit a statement in his own behalf.
	831205:	Unit commander recommended separation from service and requested 		that the rehabilitation requirements be waived.
	831208:	Separation authority waived rehabilitation and directed transfer to 		the Individual Radey Reserve with service characterized as General.
	831214:	Applicant was released from active duty.

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 970313.
	B-1:	DD Form 293, with twenty(20) 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

				CASE NO:  AD97-01535

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)  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, 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:  AD97-01535

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       2         3   

	  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:  AD97-01535

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:

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:  

AD9701535         970605    GD    831214    AR 635-200  C13   A4900   NC 3-2 A 
1          10 11 12        18    20        26                41      46 49  52

                  A9200   A0100   A9301   A9447                               
                 53      58      63      68                                   

			 CASE NO:  AD97-01535

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 E.       PO            X                 X