RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 July 2005
      DOCKET NUMBER:  AR20040007736


      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             |
|     |Mr. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 under other than honorable conditions
discharge be upgraded.

2.  The applicant states, in effect, that after he completed his three year
term of service in the Regular Army he was separated and transferred to the
U.S. Army Reserve (USAR).  He continues that after he completed his full
term of service he was honorably discharged and he reenlisted in the USAR.


3.  The applicant further states that after a routine traffic stop he was
shocked to learn that he was being reported as absent without leave (AWOL).
 He states that he was sent to Fort Sill, Oklahoma to out-process again.
He continues that later he was informed by his USAR unit that he was not
eligible to be in the USAR and was issued an under honorable conditions
discharge.

4.  The applicant concludes that he enjoyed being a part of the Armed
Forces and, pending the correction of his records, he would like to rejoin
the military and serve his country again.

5.  The applicant provides a DA Form 31 (Request and Authority for Leave),
dated 30 April 1993; two DD Forms 214 (Certificate of Release or Discharge
from Active Duty); Department of the Army Orders 088-039, dated 7 May 1993;
a State of Nevada, First Responder Certificate, dated 31 March 1994; a
State of Nevada, Emergency Medical Technician Certificate, dated 22
December 1994; two USAR Personnel Center reassignment orders; a Defense
Finance and Accounting Service Military Leave and Earnings Statement, dated
16 May 1996; an Albuquerque, New Mexico, Certificate of Jury Service; a
U.S. Army Honorable Discharge Certificate, dated 24 June 1997; Department
of the Army Orders 178-15, dated 26 June 2000; a Department of the Army,
Headquarters, U.S. Army Field Artillery Center and Fort Sill, Oklahoma,
Recall Letter, dated 11 July 2000; a copy of his DD Form 1966 (Record of
Military Processing - Armed Forces of the United States); dated 29 June
2001; a copy of his DD Form 4 (Enlistment/Reenlistment Document), dated 29
June 2001; a SF Form 86 (Questionnaire for National Security Positions),
dated 3 July 2001; Department of the Army Orders 03-029-00260, dated 26
January 2003; a letter of support from a USAR Major; and a letter of
support from a USAR Staff Sergeant.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 August 1989 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 52F (Turbine Engine Drive
Repairman).
2.  A DA Form 31 (Request and Authority for Leave), dated 30 April 1993,
shows that the applicant was approved for 30 days transitional leave for
the period from 29 July 1993 through 27 August 1993.  A Defense Finance and
Accounting Service (DFAS) e-mail dated 9 May 2005, showed that the
applicant was on leave 29 July 1993 through 27 August 1993 and was paid .5
days unused leave.

3.  Department of the Army Orders 03-029-00260, dated 7 May 1993, show the
applicant was released from active duty on 27 August 1993 and transferred
to the USAR Control Group (Reinforcement) to fulfill his terminal date of
reserve obligation.

4.  A DD Form 214 shows that the applicant was released at Fort Polk,
Louisiana, from active duty on 27 August 1993 under the provisions of
chapter 4 of Army Regulation 635-200 (Personnel Separations) by reason of
"Expiration of term of service."  He was discharged with a characterization
of service as honorable after completing a total of 3 years, 11 months, and
28 days of creditable active service.

5.  A DD Form 593 (Deserter Absentee Wanted by the Armed Forces), dated
13 September 1993, shows that the applicant's company commander carried him
AWOL on 13 August 1993 and then as a deserter on 12 September 1993.   Item
27 (Discharge Status) shows, "a. Discharged: No" and "b. Suspended: Yes."

6.  Department of the Army, USAR Personnel Center Orders C-01-601904, dated
9 January 1996 shows that the applicant was assigned to a heavy truck
company in Las Vegas, Nevada on 8 January 1996.

7.  A Defense Finance and Accounting Service Military Leave and Earnings
Statement shows that the applicant was paid on 16 May 1996 for drill with
the USAR.

8.  On 24 June 1997, the applicant was honorably discharged from the USAR.

9.  A Federal Bureau of Investigation (FBI) check showed that the applicant
was apprehended by the Albuquerque, New Mexico, Police Department on 17
June 2000, for desertion from the U.S. Army.

10.  Department of the Army, Headquarters, U.S. Army Field Artillery Center
and Fort Sill, Oklahoma, Orders 178-15, dated 26 June 2000 authorized the
applicant travel for out-processing, pending disposition of an AWOL
offense.

11.  On 11 July 2000, the applicant was recalled to active duty and
notified that his processing from the military was incomplete.  He was
ordered to return to the Personnel Control Facility at Fort Sill, Oklahoma
for final out-processing on 24 July 2000.

12.  The applicant's request for discharge for the good of the service
packet is not available.

13.  The applicant's service personnel records do not contain the facts and
circumstances surrounding his separation process.  However, a DD Form 214
shows that he was discharged on 29 November 2000 under the provisions of
chapter 10 of Army Regulation 635-200 (Personnel Separations) by reason of
"In lieu of trial by court-martial."  He was discharged with a
characterization of service as under other than honorable conditions after
completing a total of 4 years, 3 months, and 20 days of creditable active
service.  Item 29 shows he had lost time from 13 August 1993 through 16
June 2000.

14.  The applicant submitted a DD Form 4/1, dated 2 July 2001 that shows he
reenlisted in the USAR for a two year term of service.

15.  The applicant submitted a SF Form 86 (Questionnaire for National
Security Positions), dated 3 July 2001, item 14 (Your Military Record)
shows “NO” Have you ever received an other than honorable discharge from
the military?  Item 25 (Your Police Record – Military Record) shows “NO” In
the last seven years, have you been subject to court martial or other
disciplinary proceedings under the Uniform Code of Military Justice?

16.  Department of the Army, Headquarters, 90th Regional Support Command,
North Little Rock, Arkansas, Orders 03-029-00260, dated 29 January 2003
shows the applicant was discharged from the USAR on 29 January 2003, with a
characterization of service as general (under honorable conditions).

17.  The applicant submitted two letters of support from Soldiers assigned
to his USAR unit.  The letters stated, in effect, that he maintained all
military standards with the highest degree of professionalism and that he
was an asset to the company.

18.  On 21 July 2004, the Army Discharge Review Board (ADRB) considered the
applicant’s request to change the characterization of his discharge.  The
ADRB in a 3-2 decision determined that the characterization of his
discharge was proper as under other than honorable conditions.

19.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 10 of that regulation provides,
in pertinent part, that a member who has committed an offense or offenses
for which the authorized punishment includes a punitive discharge may at
any time after the charges have been preferred, submit a request for
discharge for the good of the service in lieu of trial by court-martial.  A
discharge under other than honorable conditions is normally considered
appropriate.

20.  The Board analyst attempted to obtain a copy of the applicant's
chapter 10 separation proceedings from Fort Sill, Oklahoma and a copy of
his 2003 USAR separation proceedings from the Human Resources Command, St.
Louis, Missouri but was unsuccessful.

21.  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.  Whenever there is doubt, it is to be
resolved in favor of the individual.

22.  Army Regulation 635-200, paragraph 3-7, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the Soldier’s separation specifically allows such
characterization.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was charged with being AWOL
on 13 August 1993 and then as a deserter.  On 16 June 2000, he was
apprehended and returned to military control.  On 29 November 2000, he was
issued a discharge under other than honorable conditions under the
provisions of Army Regulation 635-200, chapter 10.

2.  However, records at DFAS confirm the applicant was on transition leave
from 29 July 1993 through 27 August 1993.  Even though the DD Form 593
indicated his discharge was suspended, there is no evidence that shows he
was called
back from transition leave.  It appears the government erred when it
charged the applicant with AWOL and desertion.

3.  Although the applicant's 2000 chapter 10 packet is not available,
Department of the Army, Headquarters, U.S. Army Field Artillery Center and
Fort Sill, Oklahoma, Orders 178-15, dated 26 June 2000 authorized him
travel for out-processing pending disposition of an AWOL offense (emphasis
added).  It appears reasonable to conclude the chapter 10 was for the AWOL
offense.

4.  Since it appears the applicant was erroneously listed as being AWOL in
August 1993, it appears the government also erred when it issued him a
discharge under other than honorable conditions 7 years after his honorable
separation of 27 August 1993.

5.  Therefore, it would be equitable to void the applicant's "under other
than honorable conditions" discharge for the period ending 29 November
2000, to expunge from his records all references to his being AWOL during
the period    13 August 1993 through 16 June 2000 to include any records at
the Crime Records Center, and to reinstate his "honorable" discharge of
27 August 1993.

BOARD VOTE:

__ MHM _  __ ENA _  __ CAK _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

     a.  voiding his discharge under other that honorable conditions for
the period ending 29 November 2000;

     b.  reinstate his honorable separation of 27 August 1993; and

     c.  expunging from his records, to include any records at the Crime
Records Center, reference to his being AWOL during the period 13 August
1993 through 16 June 2000.




                                  __ Mr. Melvin H. Meyer __
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040007736                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |7 July 2005                             |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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