CASE NO:  AD97-01613

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):  821110                                    

3.  Authority for separation:

	a.  Regulation:  Chapter 5, AR 635-200                                   

	b.  Reason:	Expeditious Discharge Program (EDP) - Failure to Maintain Acceptable Standards for Retention
                           
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               Type
b.  Entry date:  811110                        ASR                             
c.  Age:  17  Years   DOB:  640101             L/A                                               
d.  Educational level:  9  Years                                           
e.  Aptitude area scores:  
	    GT:  97                                3.  Highest grade achieved:
    f.  Actual creditable service:  1 Year            
        0 Months  1 Day                            Grade    
                                                   E2         

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-01613

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)
	820804	FTG three specifications (820720); (820726); FOLO issued by the Charge of Quarters (820725); FOLO issued by SGT (820802)
	821006	DOLO from SGT (820927)            	 

7.  Court-Martial data:  ( X ) NONE

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data
( X ) NONE

            

	CASE NO:  AD97-01613

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

1.  Summary of facts and circumstances concerning discharge:

	821012:	Unit commander notified the applicant of initiation of separation 		action under the provisions of Chapter 5, AR 635-200, for 				Expeditious Discharge Program (EDP) - Failure to Maintain Acceptable 		Standards for Retention.
	821012:	Applicant acknowledged notification, and did not submit a statement 		in his own behalf.
	821012:	Unit commander recommended separation with a general under honorable 		conditions discharge.
	821019:	Applicant waived a physical examination.
    undated:	Separation authority approved separation with a general under 			honorable conditions discharge.
	821110:	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 970415. 

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:  AD97-01613

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

        (1)  The issue is rejected.  The applicant has submitted no evidence, and the Board found none, to support his allegation that his discharge was based on his desire to help his grandmother support his siblings and that he had an otherwise good record as a soldier.  The record discloses that the applicant was  counseled and given nonjudicial punishment for military infractions which was the basis for his discharge.  The record does not show any attempt to seek help for any family problems.  The actions of the command were neither arbitrary nor capricious and are supported by the applicant’s record.  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:  AD97-01613

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.

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

3.  Minority views:  ( X ) NA

				CASE NO:  AD97-01613

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
COL MILLER                                                                    
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: 

AD9701613         980413    GD    821110    AR 635-200 C5     A2400    NC 5-0A
1          10 11 12        18    20        26                41       46 49 52

                  A9217   A0100   A9309                         
                 53      58      63                             

			CASE NO:  AD97-01613
 
PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  COL JACKSON, MICHAEL H.        Mbr          X                 X       

    2.  COL SHATZER, WILSON A.         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