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):  940822

3.  Authority for separation:

	a.  Regulation:  Chapter 14, AR 635-200

	b.  Reason:  Misconduct

4.  Prior review(s):  Records/980309 



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          AAM (1)           L/C (2)            
a.  Period entered for: 6 Years                GCMDL (4thAwd)
b.  Entry date: 890731                         NDSM      
c.  Age: 31 Years   DOB: 571011                NCOPDR (3)                                  
d.  Educational level: 15 Years                ASR                                 
e.  Aptitude area score:                       C/Ach (2)  
	    GT: 121                                3.  Highest grade achieved:
    f.  Length of Service:                         E7
         4 Year(s)  9 Month(s)  10 Day(s)                                  
                                                           
                                               4.  Performance evaluations:  
                                                   See OMPF 
                                                 

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

5.  Periods of unauthorized absence:  
                                                                    
    Status       Inclusive dates                       
	AWOL         920921-920922; 921020-921106; 921123-921125;
	             921211-921214; 930616-930618; 930621-930622
	             930713-930802; 930902-930929; 930930-931031;
	                                                                   

	Mil conf     0                                                      

	Civil conf   930817-930824;                                         

	Other        0                                                      


6.  Nonjudicial punishment:  NONE

	Date 	Offense(s)
	


7.  Court-Martial data:  

	a.  SCM:  
		Date   Offense(s)
                     
	
	b.  SPCM:  
		Date   Offense(s)
		940203 AWOL, 7 Spec’s; (930616-930618); (930621-930622); (930713-930802);
			 (930902-930929); (930930-931031).

	c.  GCM:	 
		Date   Offense(s)


8.	Remarks:  The applicant has an approved Bar to Reenlistment in file dated (940126).  


SECTION B - Prior Service Data


Other discharge(s):

	Service	From	To	Type Discharge
	USAR	760730	761117	NA
	RA	761118	790710	HD
	RA	790711	860910	HD
	RA	860911	890730	HD
	





PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that on 15 August 1994, the separation authority approved the findings and recommendation of the administrative separation board and directed issuance of an under other than honorable conditions discharge.  On 19 August 1994, Orders 231-0002, DA, HQ, US Army Garrison; Fort George G. Meade, Maryland, discharged the applicant from the regular Army, effective 22 August 1994.  The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, Paragraph 12c (1) by reason of misconduct-serious offense-AWOL, with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKD (i.e., misconduct-commission of a serious offense-AWOL).  The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.  

	b.  On 22 August 1994, the applicant was discharged.  At the time of discharge, the applicant had completed 4 years, 9 months, and 10 days of active military service and accrued 113 days of lost time in the period under review and had a total of 15 years, 3 months and 4 days of active military service.

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 020819.
	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 6 January 2003.  

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

	e.  Applicant testified:     ( X ) Yes   (   ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  6 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:  (4)  The characterization of service is 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.

        (4)  The issue is accepted.  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 found that the applicant’s post-service conduct partially mitigated the discrediting entries in his service record.  In view of the foregoing, the Board determined that the characterization of service is now 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. 

        (1-3)  The issues are rejected.  See response to issue (4), above.

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       5         0   

	  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:  10 January 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.
           ( X )	Other (see remarks below).

Remarks:  Restore grade to staff sergeant/E-6.

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:  2002078962                    INDEX NUMBERS:  A9406
Date of Review:  030106                                   A9222
Character of Service:  UD                                 A0113
Date of Discharge:  940822                                
Authority:  AR 635-200 C14                         
Reason:  A6730                                            
Results of Board Action/                                  
Vote/Affirmation:  GD 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. 	Mbr          X            X