CASE NO:  AD97-01604

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):  920211                                     

3.  Authority for separation:

	a.  Regulation:  Chapter 10, AR 635-200                                   

	b.  Reason:	For the Good of the Service
                           
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:  900928                        NSDM
c.  Age:  23 Years   DOB:  670528              ASR                         
d.  Educational level:  HS Grad                SWASMw/1BSS                 
e.  Aptitude area scores:  
	    GT:  101                               3.  Highest grade achieved:
    f.  Actual creditable service:  1 Year            
        4 Months  14 Days                         Grade    
                                                  E3         

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-01604

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)
	910822    Art 15  

7.  Court-Martial data:  ( X ) NONE

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data
( X ) NONE

            

	CASE NO:  AD97-01604

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

1.  Summary of facts and circumstances concerning discharge:

	911227:  Applicant was charged with two specifications:  one specification 		for stealing an Automatic Teller Machine card, of some valve, the 		property of Merchants National Bank 911109; one specification for 		stealing US currency of a valve of $380.00, the property of 			Specialist, 911109.
	911227:  Unit commander notified the applicant of initiation of separation 		action under the provisions of Chapter 10, AR 635-200, for the good 		of the Service.  He was advised of his rights.
	920114:  Separation authority approved separation action with an under other 		than honorable conditions discharge.
	920211:  Applicant was discharged.

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

	As stated on the applicant’s DD Form 293.

3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 970403.
    B-1:  DD Form 293, with two (2) documents 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

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

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

2.  Exhibit(s) submitted at hearing:  ( X ) NONE

				CASE NO:  AD97-01604

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

        (1)(2)(3)  The issues are rejected.  The evidence of record shows the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The Board noted that after consulting with legal counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated offenses under the UCMJ.  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.  Finally, the Board considered the applicant’s entire record of service for the period under review.  It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge.  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): The Board noted the applicant’s successful transition to civilian life; that he has quit drinking and started attending AA meetings,is holding a steady job,and is married with two children. Congratulations! Keep up the good work.

			CASE NO:  AD97-01604

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:  AD97-01604

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
COL SHATZER                                                                   
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:

AD9701604         980223    UD    920211    AR 635-200   C10  A7000   NC 5-0 A
1          10 11 12        18    20        26                41      46 49  52

                  A9235   A0100   A9307   A9319   A9447                       
                 53      58      63      68      73                           

			CASE NO:  AD97-01604
PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  LTC WALKER, SUZANNE            Mbr          X                 X       

    2.  COL JACKSON, MICHAEL H.        Mbr          X                 X       

    3.  COL SHATZER, WILSON A.         Mbr          X                 X       

    4.  COL MILLER, JOEL D.            Mbr          X                 X       

    5.  COL ALLEN, THOMAS J.           PO           X                 X