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):  010925

3.  Authority for separation:

      a.  Regulation:  Chapter 14, AR 635-200

      b.  Reason:  Misconduct

4.  Prior review(s):  Records Review/030205



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ARCOM         ASR
    a.  Period entered for:  6 Years               AAM (2)       OSR
    b.  Entry date:  980221                        GCMDL (3)
    c.  Age:  26 Years   DOB:  720121              NDSM
    d.  Educational level:  HS Grad                NCOPDR-2
    e.  Aptitude area score:
          GT:  115                               3.  Highest grade
achieved:
    f.  Length of Service:                         E6
          3 Years  7 Months  5 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:

      Date  Offense(s)
      010312     Found drunk on duty (010124)(Summarized)
      010731     Made a false official statement (010618); violated a
             lawful general regulation by wrongfully engaging in an unduly
             familiar relation with your subordinates (010621); committed
             an indecent assault upon a female, a person not your wife
             (010621)(Field Grade)


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


Other discharge(s):

      Service    From  To    Type Discharge
      USMCR 900520     901125     NA
      USMC  901126     941125     Honorable
      USMCR 941126     960220     NA
      RA    960221     980220     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 24 August 2001, 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.  The
specific reasons for this action included being found drunk on duty (24
January 2001); falsifying an official document (18 June 2001);
fraternization with his junior soldiers (21 June 2001); and committing an
indecent assault on a female, not his wife (21 June 2001).  He was advised
of his rights.  On 24 August 2001, the applicant consulted with legal
counsel, was advised of the impact of the discharge action, waived
consideration of his case by an administrative separation board contingent
upon receiving a characterization of service no les favorable than general,
under honorable conditions, and did not submit a statement in his own
behalf.  On 27 August 2001, the unit commander subsequently recommended
separation from the service and waiver of further rehabilitative efforts.
On 29 August 2001, the intermediate commander reviewed the proposed
discharge action and recommended approval of the separation action with a
general discharge.  On 5 September 2001, 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 25 September 2001, the applicant was discharged.  At the time
of discharge, the applicant had completed 3 years, 7 months, and 5 days of
active military service in the period under review and had a total of 11
years, 4 months and 5 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 030319, 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:  Chicago, IL on 20 April 2004.

      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:  one additional issue.
                        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:  (3)  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.

        (3)  The issue is accepted.  The Board carefully examined the
applicant’s record of service during the period of enlistment 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 does not condone
the applicant’s misconduct; however, determined that the characterization
of service is now inequitable.  The Board found that the applicant
presented mitigating personal problems which led to his consumption of
alcohol which ultimately led to his poor decision-making and subsequent
misconduct. Additionally, the applicant presented evidence of favorable
post-service conduct, to include attendance at an institution of higher
education and laudatory statements from the city major and chief of police
attesting to his good character and community contributions.  In view of
the above, the Board voted to grant partial relief in the form of an
upgrade of characterization of service to fully honorable.

        (1) and (2)  The issues are rejected.  The Board found that the
reason of discharge was both proper and equitable, and voted not to change
it.

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
           Honorable.
      (   ) 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:  30 April 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 characterization of discharge to Honorable.

                          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:  2003087282                    INDEX NUMBERS:  A9406
Date of Review:  040420                                   A9308
Character of Service:  GD                                 A9222
Date of Discharge:  010925                                A0113
Authority:  AR 635-200 C14
Reason:  A6750
Results of Board Action/
Vote/Affirmation:  HD 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