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):  010405

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:
                                           AAM (2)
    a.  Period entered for:  6 Years               GCMDL (3)
    b.  Entry date:  970619                        RC Achieve Medal (2)
    c.  Age:  41 Years   DOB:  560124              HSM
    d.  Educational level:  NIF                    ASR
    e.  Aptitude area score:                       OSR
          GT:  NIF
    f.  Length of Service:                     2.  Highest grade achieved:
          3 Years  8 Months  6 Days                E7

                                               4.  Performance evaluations:

                                                   See OMPF (only 1 report
in
                                                             file)

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

5.  Periods of unauthorized absence:

    Status       Inclusive dates
      AWOL         000310-000419

      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:  NONE

      Date  Offense(s)



7.  Court-Martial data:

      a.  SCM:
            Date             Offense(s)


      b.  SPCM:
            Date       Offense(s)
            000921     Without authority, absented himself from his
organization (from
                  000310 until on or about 000419).

      c.  GCM:
            Date             Offense(s)


8.    Remarks:  Evidence indicates that the applicant served from 840225-
                 970618 in the ARNG.  Contracts not available in file.

                       SECTION B - Prior Service Data
                          See Remarks in #8 above.

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 19 June 1997, the applicant
enlisted in the Army Reserve for a period of 6 years.  On 23 March 1999,
the applicant was ordered to active duty for training for a period of 127
days (later amended to 162 days).  On or about 9 March 2000, the applicant
failed to complete his training, was expelled from 91C School, and departed
in AWOL status on 10 March 2000.  On 19 April 2000, the applicant was
returned to military control and transferred to the Personnel Control
Facility at Fort Sill, OK.  On 21 September 2000, the applicant was
convicted by Special Court-Martial for AWOL and sentenced to a forfeiture
of $1062 per month for one month and to be reduced to specialist/E-4.  On
29 November 2000, the unit commander notified the applicant of initiation
of separation action under the provisions of Chapter l4, AR 635-200, by
reason of misconduct-commission of serious offenses, with an under other
than honorable conditions discharge.  The specific reasons for the action
included absence without leave (from 10 March – 19 April 2000); wrongful
use of provoking and reproachful words towards a subordinate soldier (5
September 2000); assault of a female soldier (14 and 15 November 2000); and
willful disobedience of a superior commissioned officer on diverse
occasions (between 13 and 26 October 2000).  He was advised of his rights.
On 5 December 2000, the applicant consulted with legal counsel, was advised
of the impact of the discharge action, and submitted a statement in his own
behalf.  On 18 January 2001, the unit commander subsequently recommended
separation from the service and waiver of further rehabilitative efforts.
On 22 January 2001, the intermediate commander reviewed the proposed
discharge action and recommended approval of the separation action with an
under other than honorable conditions discharge.  On the applicant’s 5
December 2000 rights election memorandum, he indicated that he requested
consideration of his case by an administrative separation board.  However,
on 15 February 2001, having again been advised by his consulting counsel,
the applicant submitted a conditional waiver voluntarily waiving
consideration of his case by an administrative board contingent upon
receiving a characterization of service of no less favorable than a general
discharge.  On
2 March 2001, the separation authority approved the separation action,
approved the applicant’s request for conditional waiver, and directed that
the applicant be discharged with a characterization of service of general,
under honorable conditions.

      b.  On 5 April 2001, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 8 months, and 6 days of
active military service and accrued 42 days of lost time in the period
under review.  The applicant had a total of 17 years, 1 month, and 11 days
of total military service.

      c.  It appears from the official record that subsequent to the
applicant’s 42-day period of AWOL his USAR unit of assignment refused to
accept him back and jurisdiction for his separation proceedings was
transferred to the Regular Army.

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 020827 , with multiple 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:  Dallas, TX  on 24 March 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:
                        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 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.

        (2)  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.  Although the Board does not
condone the applicant’s misconduct, the Board determined that the applicant
had service of sufficient length and quality to overcome the discrediting
entries in his service record.  Given the above, the Board found that the
characterization of service granted was inequitable.  Accordingly, the
Board voted to grant partial relief in the form of an upgrade of
characterization of service to fully honorable.

        (1)  The issue is rejected.  The Board found that the reason of
discharge was both proper and equitable, and voted not to change it.  The
applicant’s request pertaining to changing his narrative reason for
separation to medical does not fall within the purview of this Board and
must be addressed to the Army Board for Correction of Military Records
(ABCMR).  Since the applicant has already submitted a DD Form 149
(application to the ABCMR), his records have been forwarded to that Board
for further review and action.

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       2         3
    Characterization       4         1

        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:  2 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:


SPURGEON A. MOORE
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:  2003091926                    INDEX NUMBERS:  A9406
Date of Review:  040324                                   A9218
Character of Service:  GD                                 A9455
Date of Discharge:  010405                                A0100
Authority:  AR 635-200 C14
Reason:  A6730
Results of Board Action/
Vote/Affirmation:  HD 4-1 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