PART II - APPLICATION DATA

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

1.  Character of Discharge:  General, under honorable Conditions

2.  Date of discharge (or REFRAD):  951114

3.  Authority for separation:

	a.  Regulation:  Chapter 14, AR 635-200

	b.  Reason:  Misconduct

4.  Prior review(s):  NONE



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          NDSM                       
a.  Period entered for: 3 Years                ASR
b.  Entry date: 930809                               
c.  Age: 18 Years   DOB: 750518                                                 
d.  Educational level:  HS Grad                                                 
e.  Aptitude area score:
	    GT: 107                                3.  Highest grade achieved:
    f.  Length of Service:                         E3
         2 Year(s)  3 Month(s)  6 Day(s)                                  
                                                           
                                               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)
	950503	Disobeyed a lawful order from a SGT (950407); disrespectful in deportment towards a SGT (950407) and violated a lawful general regulation by wrongfully consuming alcohol while under the age of 21 (950407).
	950907	Disobeyed a lawful order from a SSG (950809) and failed to go to your appointed place of duty (950809).



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.  Evidence of record shows that on 20 October 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—pattern of misconduct, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 26 October 1995, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.  

	b.  On 14 November 1995, the applicant was discharged.  At the time of discharge, the applicant had completed 2 years, 3 months, and 6 days of active military service in the period under review.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter l4 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, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.


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 020619.
	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, DC on 16 October 2002.  

	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)  The issue is rejected.  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 the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The Board noted that the applicant was discharged as a result of a pattern of misconduct.  The evidence of record shows that the applicant was counseled on numerous occasions for misconduct, which included absent from his appointed place of duty; leaving headquarters radios unsecured for two days; military courtesy and tact; possession of false identification and disorderly conduct.  Additionally, the record shows that the applicant accepted nonjudicial punishment under the provisions of article 15, UCMJ, on two occasions, one for willfully disobeying a lawful order and failing to go to his appointed place of duty and another one for disobeying a lawful order from a non-commissioned officer; disrespectful in deportment towards a Sergeant and wrongfully consuming alcohol while under the age of 21.  The Board determined that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct and poor duty performance, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  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. RON WILLIAMS                                    
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:


SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




JOHN F. LONG    
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:  2002075243                    INDEX NUMBERS:  A9235
Date of Review:  021016                                   A9221
Character of Service:  GD                                 A9217
Date of Discharge:  951114                                A0100
Authority:  AR 635-200 C14                                
Reason:  A6700                                            
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