PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  GD

2.  Date of discharge (or REFRAD):  910301

3.  Authority for separation:

	a.  Regulation:  Chapter 13, AR 635-200

	b.  Reason:  Unsatisfactory Performance

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          AFEM                       
a.  Period entered for:  3 Years  14 wks       ASR
b.  Entry date:  890711                        CIB
c.  Age:  18 Years   DOB:  710210                                          
d.  Educational level:  HS Grad                                                 
e.  Aptitude area score:
	    GT:  99                                3.  Highest grade achieved:
    f.  Length of Service:                         E3
        1 Year  7 Months  21 Days                  
                                                   
                                               4.  Performance evaluations:  
                                                   NONE

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

5.  Periods of unauthorized absence:  NONE
                                                                    
    Status       Inclusive dates                       
	AWOL                                                               

	Mil conf                                                           

	Civil conf                                                         

	Other                                                              

6.  Nonjudicial punishment: 

	Date 	Offense(s)
	900222	Stealing
	901120	DOLO
	910124	Making a false official statement

7.  Court-Martial data:  NONE

	a.  SCM:  
		Date   Offense(s)

	b.  SPCM:  
		Date   Offense(s)

	c.  GCM:	 
		Date   Offense(s)

8.	Remarks:  NONE

SECTION B - Prior Service Data
NONE

Other discharge(s):

	Service	From	To	Type Discharge

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

	a.  The evidence of record shows that on 24 January 1991, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance, with a recommendation for a general, under honorable conditions discharge (GD).  On 
31 January 1991, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  On 6 February 1991, the separation authority directed that the applicant be discharged with a GD.  

	b.  On 1 March 1991, the applicant was discharged with a GD.  At the time of discharge, the applicant had completed 1 year, 7 months, and 21 days of active military service.

	c.  The applicant’s record shows that he completed over 1 year and ½ of service; attained the rank of private first class/E-3; and earned the Armed Forces Expeditionary Medal for Operation Just Cause and the Combat Infantryman Badge.  His disciplinary record includes his acceptance of three Article 15’s:  the first on 22 February 1990, for stealing a pair of tennis shoes; the second on 20 November 1990, for disobeying a lawful order which resulted in a reduction to private/E-2; and the third on 24 January 1999, for making a false statement which included a reduction to private/E-1.  The unit commander processed the applicant for separation, citing the disciplinary history outlined above along with an action suspending his check cashing privileges, and an extensive record of counseling for the following:  missing equipment; substandard uniform; marital problems; failure to repair; poor attitude; and disobeying lawful orders, as the basis for taking the action.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.  Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.

SECTION B-APPLICANT’S SUBMISSIONS

1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.
2.  Exhibit(s) submitted:
	A-1:  DD Form 293, dated 990422, with six (6) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion

Referred to ( ) Medical Advisor      ( ) Legal Advisor

      a.  Medical prehearing comments (if applicable):

      b.  Legal prehearing comments (if applicable):

PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1.  Review/hearing information:

	a. Type requested:
	   ( X ) Records review             (   ) Hearing

	b. Type Held:
	   ( X )Records review              (   ) Hearing
	                                    (   ) Tender Offer

	c. Review/hearing location and date:  Washington D.C. on 9 June 1999.

	d. Appearance by:
	   Applicant                 (   ) Yes   ( X ) No
	   Counsel                   (   ) Yes   ( X ) No

	e.  Applicant testified:     (   ) Yes   ( X ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  

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 of this case report and directive.
	    (   )	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) and (2) The issues are rejected.  The Board noted the applicant’s contention that in effect, his discharge resulted because he had been denied a transfer which he requested because of marital problems; that although he was discharged for unsatisfactory performance he had earned a CIB for combat service; and that subsequent to his discharge he has entered the National Guard and has been promoted to specialist/E-4.  However, the Board determined that the applicant had many legitimate avenues through which to obtain assistance or relief with his marital problems, without resorting to the misconduct and poor duty performance which led to the separation action under review.  Further, the Board carefully examined the applicant's record of service during the period of enlistment under review.  There was a full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses.  The Board concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed.  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(s) to item(s) not addressed as decisional issue(s):  NONE

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:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  NONE  

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

MR. ADRIANCE                           
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SUZANNE WALKER    
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge              	C - Other 
B - Material submitted by applicant

INDEX RECORD:

AR Number:  1999026083                    INDEX NUMBERS:  A9217
Date of Review:  990609                                   A9307
Character of Service:  GD                                 A9911
Date of Discharge:  910301                                A0100
Authority:  AR 635-200 C13                                
Reason:  A4900                                            
Results of Board Action/                                  
Vote/Affirmation:  NC 5-0 A                               

PART IX - VOTING RECORD

    Name                                   Reason         Characterization
                                           CHANGE   NC    HON   UHC   NC   UNCHAR
    1. 	Mbr          X                X       

    2. 	Mbr          X                X       

    3. 	Mbr          X                X       

    4. 	Mbr          X                X       

    5. 	PO           X                X