PART II - APPLICATION DATA

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

1.  Character of Discharge:  Under Other Than Honorable Conditions

2.  Date of discharge (or REFRAD):  961230

3.  Authority for separation:

	a.  Regulation:  Chapter 3-13, AR 600-8-24

	b.  Reason:  In Lieu of Trial by Court-Martial 

4.  Prior review(s):  NONE



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          BSM             KLMDL (SA)          
a.  Period entered for: Indefinite             MSM (5thAwd)    ASR   
b.  Entry date: 770608                         AAM (2ndAwd)    OSR (2)      
c.  Age: 22 Years   DOB: 540810                NDSM                                   
d.  Educational level: Masters Degree          SWASMDLw/2BSS                                        
e.  Aptitude area score:                       KLMDL (K) 
	    GT: N/A                                3.  Highest grade achieved:
    f.  Length of Service:                         LTC/O5
         19 Year(s)  6 Month(s)  23 Day(s)                                  
                                                           
                                               4.  Performance evaluations:  
                                                   See OMPF 
                                                 

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:  NONE

	Date 	Offense(s)
	


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 21 August 1996, the applicant was charged with maltreating several woman, four spec’s, between (950215-960613); 941013-950715); (960117-960613); (951200-960613); sexual harassment, between (960201-960613); and unlawfully touching several woman, thirteen spec’s; between (950625-960601); assaulted a female between (960610-960618); orally communicate indecent language to a female, two spec’s; between (960401-960430) and (960601-960618).  On 30 October 1996, the applicant voluntarily tendered his resignation from the service under the provisions of Chapter 3, AR 600-8-24, resignation for the good of the Service in lieu of trial by a general court-martial.  The chain of command recommended approval of the resignation for the good of the service with issuance of an under other than honorable conditions discharge.  The Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of an under other than honorable conditions discharge.  On 5 December 1996, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharge with a characterization of service of under other than honorable conditions.  

	b.  On 30 December 1996, the applicant was discharged.  At the time of discharge, the applicant had completed 19 years, 6 months, and 23 days of active military service in the period under review.

2.  Legal/Regulatory Basis for Separation Action:  Army regulation 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officer personnel.  Chapter 3, Paragraph 3-13 outlines the rules for processing request for resignation for the good of the Service in lieu of trial by a general court-martial.


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 030505.
	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:
	   (   ) Records review             ( X ) Hearing

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

	c. Review/hearing location and date:  Washington, DC on 5 May 2003.  

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

	e.  Applicant testified:     ( X ) Yes   (   ) No
	
	f.  Counsel presentation:    ( X ) Yes   (   ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  4 new issues; 49 documents.

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:
	    ( X )	Additional issue(s) identified during review/hearing as follows:

        Board Issue:  (5)  The characterization of service was too harsh.

	b.  Request:  ( X ) Recharacterization     ( X ) 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.

        (5)  The issue is accepted.  The Board carefully examined the applicant’s official record during the period of service under review and heard his testimony.  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 found that the length and quality of the applicant’s service partially mitigated his misconduct.  In view of the foregoing, the Board determined that the characterization of service was inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.

        (1-4)  The issues are rejected.  The Board determined that the applicant’s misconduct diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s issue regarding retirement is not within the purview of this Board and should be addressed to the Army Board for Correction of Military Records.  Since the applicant has already submitted a DD From 149 to the Army Board for Correction of Military Records, his records have been forwarded to that agency for processing.

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                      .

	(   )	Equitable.
	( X )	Inequitable as to characterization.  Change characterization to General, Under Honorable Conditions.
	(   )	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       3         2   

	  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	

                          	
Ms. McKim-Spilker                                                        
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  9 May 2003             

     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

           ( X )	Change characterization of discharge to General,
                  Under Honorable Conditions.

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:  2002078812                    INDEX NUMBERS:  A9406
Date of Review:  030505                                   A9218
Character of Service:  UD                                 A0113
Date of Discharge:  961230                                
Authority:  AR 600-8-24 C3                         
Reason:  A8000                                            
Results of Board Action/                                  
Vote/Affirmation:  GD 3-2 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. 	Mbr          X            X