RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 May 2005
      DOCKET NUMBER:  AR20040003406


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Antonio Uribe                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his discharge be upgraded from general
under honorable conditions to an honorable discharge.

2.  The applicant states he made a mistake; however, he was a good Soldier
and fulfilled his military duties.

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army on 10 April 2000 for a period of 4
years.
He completed basic and advanced individual training and was awarded the
military occupational specialty 31U10 (Signal Support System Specialist).

2.  On 5 May 2001, the applicant was cited for driving under the influence
of alcohol.

3.  Records show the applicant was referred to the Alcohol and Drug Abuse
Prevention and Control Program (ADAPCP) in May 2002.

4.  On 17 August 2002, the applicant was apprehended by civil authorities
for driving under the influence of alcohol.

5.  On 10 September 2002, the applicant received an administrative
reprimand from the commanding general at Fort Benning, Georgia for his
previous offense of driving under the influence of alcohol.

6.  On 17 September 2002, the applicant was again referred to the ADAPCP.

7.  On 9 October 2002, the applicant's battalion commander advised the
applicant that after reviewing the written reprimand and the applicant's
response, he directed that the written reprimand be placed in his Official
Military Personnel File.

8.  The commander's request for the applicant to be separated because of
misconduct is not available.




9.  The applicant's service personnel records do not contain the facts and
circumstances surrounding his separation process.  However, his DD Form
214 shows that he was discharged on 17 June 2003 under the provisions of
chapter 14 of Army Regulation 635-200 (Personnel Separations) for
misconduct. He was discharged with a characterization of service as general
(under honorable conditions) after completing a total of 3 years, 2 months,
and 8 days of creditable active service with no lost days.

10.  On 9 July 2004, the Army Discharge Review Board (ADRB) considered the
applicant’s request to change the reason for discharge.  The ADRB
unanimously determined that the discharge was proper and equitable and that
the discharge was properly characterized as under honorable conditions.

11.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 establishes policy and
prescribes procedures for separating members for misconduct.  Specific
categories include minor disciplinary infractions, a pattern of misconduct,
commission of a serious offense, convictions by civil authorities,
desertion or absence without leave.  Action will be taken to separate a
member for misconduct when it is clearly established that rehabilitation is
impracticable or is unlikely to succeed and an unfit medical condition is
not the direct or substantial contributing cause of his misconduct.  A
discharge under other than honorable conditions is normally appropriate for
a Soldier discharged under this chapter.  However, the separation authority
may direct a general discharge if such is merited by the Soldier’s overall
record.

12.  Army Regulation 635-200, paragraph 3-7, provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  The honorable characterization is appropriate when the
quality of the member’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel (emphasis
added), or is otherwise so meritorious that any other characterization
would be clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his general discharge be upgraded to an
honorable discharge.

2.  Evidence shows that the applicant was properly and equitably discharged
in accordance with the regulations in effect at the time.



3.  In the absence of evidence to the contrary, it is presumed that all
requirements of law and regulations were met and the rights of the
applicant were fully protected throughout the separation process.
Therefore, it is concluded that the applicant's discharge was proper and
equitable.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jlp___  __bpi___  __au____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented does not demonstrate the
existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.




                                        Jennifer L. Prater
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003406                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050510                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |20030617                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chap 14                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.6000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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