PART II - APPLICATION DATA

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

1.  Character of Discharge:  Honorable

2.  Date of discharge (or REFRAD):  000830

3.  Authority for separation:

      a.  Regulation:  Chapter 4, Para 4-2b, AR 600-8-24

      b.  Reason:  Unacceptable Conduct

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ASR
    a.  Period entered for:  12 Years  8 Months
    b.  Entry date:  960627
    c.  Age:  34 Years   DOB:  610719
    d.  Educational level:  Col Grad
    e.  Aptitude area score:
          GT:  NA                                3.  Highest grade
achieved:
    f.  Length of Service:                         04
          4 Years  2 Months  4 Days

                                               4.  Performance evaluations:

                                                   See OMPF (fiche)

                         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)


      Memorandum of Reprimand:

      Date  Offense(2)
      991210     Driving while intoxicated and being belligerent and
threatened a
              Texas Department of Public Safety Officer (991204)(GOMOR)
      990406     Larceny of Non-Appropriated Funds (NAF) property from the
Fort Hood
              Post Exchange (981211)(MOR)

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 1999, the Commander,
U.S. Total Army Personnel Command (TAPC), initiated elimination action on
the applicant under the provisions of Chapter 4, Paragraphs 4-2b(5) and
(8), AR 600-8-24, by reason of misconduct, moral or professional
dereliction, with a characterization of service of general, under honorable
conditions.  The basis for the elimination action was a Memorandum of
Reprimand for larceny of Non-Appropriated Funds (NAF) property from the
Fort Hood Post Exchange; and conduct unbecoming an officer.  On 14 December
1999, the applicant acknowledged notification of the elimination action and
elected to appear before a show cause board.  On 14 March 2000, pending the
show cause board, additional grounds for elimination were added under the
provisions of Paragraph 4-2b(5), (7), (8), and (9), AR 600-8-24.  The
additional evidence included receipt of a General Officer Memorandum of
Reprimand (GOMOR) for driving while intoxicated and being belligerent and
threatening to a Texas Department of Public Safety Officer; intentional
neglect or failure to perform his assigned duties, conduct unbecoming an
officer, and receipt of a referred Officer Evaluation Report (OER) for
failure to obtain his professional license as a Ophthalmologist and failure
to complete the Army Physical Fitness Test (APFT) requirements.  On 24 May
2000, after consulting with legal counsel, the applicant voluntarily
tendered his resignation in lieu of further elimination proceedings and
waived his rights to appear before a board of officers.  On 25 May 2000,
the unit commander recommended approval with an honorable discharge.  The
intermediate commanders recommended approval of the applicant’s request for
resignation.  On 23 June 2000, the Chief, Retirements and Separation
Branch, U.S. TAPC, forwarded the applicant’s resignation case to the Deputy
Assistant Secretary (Army Review Boards), for determination.  The
Department of the Army Ad Hoc Review Board reviewed the applicant’s case.
On 8 August 2000, the Deputy Assistant Secretary (Army Review Boards)
accepted the applicant’s resignation and directed that he be separated with
an honorable discharge.

      b.  On 30 August 2000, the applicant was discharged.  At the time of
discharge, the applicant had completed 4 years, 2 months, and 4 days of
active military service in the period under review and had a total of 4
years, 2 months, and 7 days of total military service.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 600-8-24
sets forth the basic authority for Officer transfers and discharges.
Chapter 4 outlines the policy and procedure for eliminating officers in the
Active Army for substandard performance of duty, misconduct, moral or
professional dereliction, and the interest of national security.


                      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 030309, with eleven (11) enclosures.
      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:  Atlanta, GA on 20 May 2004.

      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:  additional 31 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:  (2)  The narrative reason for separation is
inequitable.

      b.  Request:  (   ) 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 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.  See response to issue (2) below.  The
portion of the applicant’s request pertaining to removing documents from
his official military record does not fall within the purview of this Board
and should be addressed to the Army Board for Correction of Military
Records (ABCMR).  The Board noted that the applicant has included and
application for review by the ABCMR and his records will be forwarded to
that board.

      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.

        (2)  The issue is accepted.  The Board carefully examined the
applicant’s 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 alleged infractions of discipline, the extent
thereof, and the seriousness of the offenses.  The Board determined that
the applicant and his counsel presented sufficient and convincing evidence
that the allegations of misconduct by the applicant were unfounded.
Additionally, the applicant and his counsel presented evidence that the
applicant was diagnosed with a “visual deficit,” representing a disability
in reading.  That condition was the proximate cause of the applicant’s
inability to pass the Louisiana State Board of Medical Examiners.
Following treatment and accommodation, the applicant successfully passed
the Board of Medical Examiners.  In view of the foregoing, the Board
determined that the narrative reason for the applicant’s separation was and
is inequitable.  Accordingly, the Board voted to grant partial relief and
to change the applicant’s separation document (i.e., DD Form 214) to
reflect that he was discharged under the provisions of Chapter 3, Paragraph
3-5, AR 600-8-24, by reason of “Miscellaneous/General Reasons” with a
corresponding separation code of “FND.”

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
                                         .
      ( X ) Inequitable as to reason.  Change reason to
           “Miscellaneous/General
            Reasons” under Chapter 3, Paragraph 3-5, AR 600-8-24, “FND”.
      (   ) 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       5         0
    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. RIVERA
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  28 May 2004

     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 reason and authority for discharge to
                 Miscellaneous/General Reasons, under the provisions of
                 Chapter 3, Paragraph 3-5, AR 600-8-24, with an SPD code of
                 “FND.”


                          SECTION B - CERTIFICATION


Approval Authority:


ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




MARY E. SHAW
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:  2003086837                    INDEX NUMBERS:  A9456
Date of Review:  040520                                   A9411
Character of Service:  HD                                 A9218
Date of Discharge:  000830                                A9322
Authority:  AR 600-8-24 C4                                A9445
Reason:  A8100                                            A0101
Results of Board Action/
Vote/Affirmation:  MD 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