CASE NO:  AD97-01608

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):  960808

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:  3 Years               AAM   
b.  Entry date:  950823                        NDSM           
c.  Age:  18 Years   DOB:  761007              ASR               
d.  Educational level:  HS Grad                                  
e.  Aptitude area scores:              
	    GT:  90        		                 3.  Highest grade achieved:
    f.  Actual creditable service:  0 Years        Grade  
        11 Months  16 Days                         E2                               

                                               4.  Performance evaluations:  
                                                  ( X ) NONE

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					 CASE NO:  AD97-01608

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)
	960424		Failure to be at place of duty on several occasions (960314, 				25, 26 and 960408).  (Summarized)  
    960610        Reduction to E1.  Article 15 not in file.
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
( X ) NONE

	  			

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	 CASE NO:  AD97-01608

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

1.  Summary of facts and circumstances concerning discharge:

	960628:	Physical examination cleared applicant for separation.
	960701:	Mental status evaluation cleared applicant for separation.
	960722:	Unit commander notified the applicant of initiation of separation 		action under the provisions of Chapter 14, AR 635-200, for 			misconduct-pattern of misconduct.  He was advised of his rights.
	undated:	Applicant acknowledged notification, consulted legal counsel, and 		did not submit a statement in his own behalf.
	undated:	Unit commander recommended separation with a general under honorable 		conditions discharge and rehabilitation requirements be waived.
	960726:	Intermediate commander recommended approval with a general under 		honorable conditions discharge.
	960727:	Separation authority waived rehabilitation and approved separation 		with a general under honorable conditions discharge.
	960808:	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 970414.
	B-1:	DD Form 293, with one(1) enclosure 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:  AD97-01608

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 evidence of record shows that the command attempted to assist the applicant in performing and conducting to Army standards by providing counseling and even by imposition of nonjudicial punishment.  The applicant failed to respond appropriately to these efforts.  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.

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

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			 CASE NO:  AD97-01608

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:  AD97-01608

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:

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:  

AD9701608         970604    GD    960808    AR 635-200 C14    A6750    NC 5-0A                 
1          10 11 12        18    20        26                41       46 49 52

                  A0113   A0100   A9447   A9411                              
                 53      58      63      68                                  

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			 CASE NO:  AD97-01608

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  LTC WYRICK, JIMMY              Mbr          X                 X       

    2.  LTC PHILLIPS, JOHN             Mbr          X                 X       

    3.  LTC SMITH, LILLIAN             Mbr          X                 X       

    4.  COL ALLEN, THOMAS              Mbr          X                 X       

    5.  COL MATHEWS, WILLIAM           PO           X                 X       

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