CASE NO:  AD97-01543

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):  950426                                     

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:  4 Years 17 Weeks      Type
b.  Entry date:  930312                        NDSM
c.  Age:  19 Years   DOB:  730810              ASR                         
d.  Educational level:  HS Grad                                            
e.  Aptitude area scores: 
	    GT:  125                               3.  Highest grade achieved:
    f.  Actual creditable service:  2 Years            
        1 Month  15 Days                         Grade    
                                                   E3        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-01543

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)
	941107    Wrongfully used marijuana  between (940801-940901)
    941205    Willfully damaged a microwave, military property of the US, of a 
              value greater than $100.00 (941103)

7.  Court-Martial data:  ( X ) NONE

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data
( X ) NONE

                                                   

	CASE NO:  AD97-01543

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

1.  Summary of facts and circumstances concerning discharge:

    941214:  Physical examination cleared applicant for separation.
    950109:  Mental status evaluation cleared applicant for separation.
    950123:  Unit commander notified the applicant of initiation of separation 
             action under the provisions of Chapter 14, AR 635-200, for 
             misconduct.  He was advised of his rights.  
    950123:  Applicant acknowledged notification.	
    950126:  Unit commander recommended separation with a general discharge.
    950201:  Applicant consulted legal counsel, voluntarily waived consideration 
             of his case by an administrative separation board contingent upon 
             receiving a characterization of separation no less favorable than a 
             general under honorable conditions discharge. 
    950207:  Senior intermediate commander recommended approval with a general 
             discharge.
    950217:  Separation authority waived rehabilitation and approved separation 
             with a general discharge.
    950418:  Applicant consulted legal counsel, requested suspension of 
             separation action and rehabilitation transfer.
    950420:  Separation authority disapproved request, waived rehabilitation and 
             approved separation with a general discharge.
    950426:  Applicant 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 960925.

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:  AD97-01543

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 corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.

     (1,2,3)  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  physical and emotional harassment by a platoon sergeant to break his profile impaired his ability to serve.  The Board noted that during this period of enlistment, the applicant received two Articles 15 and several negative counseling statements. After a thorough review of the applicant’s record, the Board determined that this misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge. 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.

        (4)  The issue is rejected.  The Army Discharge Review Board can understand the applicant’s situation.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  

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

			CASE NO:  AD97-01543

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:  AD97-01543

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:

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:

AD9701543         971024    GD    940426    AR 635-200  C14   A6750   NC 5-0 A
1          10 11 12        18    20        26                41      46 49  52

                  A0113   A0100   A9321   A9411   A9323                        
                 53      58      63      68      73                           

AD9701543   1     A9445                                                       
1          10 11 53                                                           

			 CASE NO:  AD97-01543

PART IX - VOTING RECORD

    Name & Rank                              Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  LTC SMITH, LILLIAN C.          Mbr          X                 X       

    2.  COL JACKSON, MICHAEL H.        Mbr          X                 X       

    3.  COL MELCHIOR, ROBERT J.        Mbr          X                 X       

    4.  COL MILLER, JOEL D.            Mbr          X                 X       

    5.  COL ALLEN, THOMAS J.           PO           X                 X