CASE NO:  AD97-01617

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):  900215                                     

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:  3 Years                     
b.  Entry date:  891026                        
c.  Age:  21 Years   DOB:  681022                                          
d.  Educational level:  HS Grad                                            
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  117                               3.  Highest grade achieved:
    f.  Actual creditable service:  0  Years            
        2  Months  23 Days                         Grade    
                                                   E4        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-01617

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

5.  Periods of unauthorized absence:  
                                                                    
    Status       Inclusive dates                       
	AWOL          891212 - 900108                  
	Mil conf                                                           
	Civil conf                                                         
	Other                                                              

6.  Nonjudicial punishment:  

	Date 	Offense(s)
	900112    AWOL (891212-900108)

7.  Court-Martial data:  ( X ) NONE

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data

1.  Other discharge(s):

    Service          Type   
    RA               HD

            

	CASE NO:  AD97-01617

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

1.  Summary of facts and circumstances concerning discharge:

     900117:  Physical examination cleared applicant for separation.
     900122:  Mental status evaluation and psychiatric examination cleared 
              applicant for separation.
    Undated:  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.
     900207:  Applicant consulted legal counsel and did not submit a statement in 
              his own behalf.
    Undated:  Unit commander recommended separation and requested rehabilitation 
              be waived.
    Undated:  Separation authority waived rehabilitation and approved separation 
              with a general discharge.
     900215:  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 970411.
    B-1:  DD Form 293, with five (5) 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:  AD97-01617

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,. 2, 3, 4)  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 he had problems when he returned to the US from Germany.  Even if true, the Board was of the opinion that the applicant had many other legitimate avenues open to him without committing the serious offense which led to his discharge under review.  The Board considered the applicant's good service during the initial portion of the enlistment under review;  however, this service was not found to be sufficiently meritorious to warrant an upgrade in the characterization of service.  The Board found no evidence of arbitrary or capricious actions by the command. 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.  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:  AD97-01617

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

				CASE NO:  AD97-01617

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
LTC PHILLIPS                                                                  
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:

AD9701617         970604    GD    900215    AR 635-200  C13   A4900   NC 5-0A
1          10 11 12        18    20        26                41      46 49  52

                  A9217   A0100   A9405   A9447   A9411                       
                 53      58      63      68      73                           

			CASE NO:  AD97-01617

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          PO            X                 X