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):  030414

3.  Authority for separation:

      a.  Regulation:  Chapter 14, AR 635-200

      b.  Reason:  Pattern of Misconduct

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           MSM         NDSM (2)   ARCOTR
    a.  Period entered for:  6 Years               ARCOM (2)   AFRM
    b.  Entry date:  990421                        AAM (2)     NCOPDR
    c.  Age:  37 Years   DOB:  620220              GCMDL (4)   ASR
    d.  Educational level:  HS Grad                ARCAM       OSR
    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E7
          3 Years  11 Months  24 Days

                                               4.  Performance evaluations:

                                                   See OMPF (fiche)

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

5.  Periods of unauthorized absence:

    Status       Inclusive dates
      AWOL         020105-020109
                 021014-021020

      Mil conf

      Civil conf

      Other

6.  Nonjudicial punishment:

      Date  Offense(s)
_________________________________
      Memorandum of Reprimand:

      Date  Offense(s)
      020620     On 9 September 2001, he failed to report for opening
formation and
              did not report until midday.  At midday, he conducted
“headcount” at
              a restaurant.  Members of his command noted his presence and
his
              attempt to avoid paying for his meal.  Despite being
reprimanded by
              his Brigade Commander on 9 December 2001 for his deceitful
behavior,
              he lied about his failure to report to work on 7 January
2002.  He
              indicated that the airlines cancelled his flight when it
appears he
              voluntarily gave up his seat in exchange for compensation.
To
              compound his deceitful actions, he reportedly purchased the
ticket
              with a Government IMPAC card on 30 December 2001.  On 31
January
              2002, he again improperly used the Government IMPAC card to
purchase
              pizza.  On 16 February 2002, he paid for lodging at Selfridge

              Lodging with the card. Neither purchase was authorized.
(GOMOR)

7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)

      c.  GCM:
            Date   Offense(s)

8.    Remarks:  Applicant administratively reduced to Staff Sergeant/E6
effective 020124.  He was processed for separation in the grade of E6.  DD
Form 214 incorrectly shows separation as E7.

                       SECTION B - Prior Service Data

Other discharge(s):

      Service    From  To    Type Discharge
      RA    800801     840726     Honorable
      USAR  840727     860731     Honorable
      USAR  870613     930509     Honorable
      USAR  930510     990420     Honorable
                         PART IV - PREHEARING REVIEW

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

      a.  All the facts and circumstances leading to the applicant’s
discharge are not in the available records.  Evidence of record shows that
on 21 April 1999, the applicant was ordered to active duty in Active
Guard/Reserve status.  On 10 March 2002, the unit commander notified the
applicant of initiation of separation action under the provisions of
Chapters 13 and l4, AR 635-200, by reason of misconduct—pattern of
misconduct.  The proposed reasons for the action was his failure to execute
his duties in a proficient manner (especially in the area of property
accountability and management); frequent failure to be at his appointed
place of duty and failure to report his whereabouts to his chain of
command; providing false information to his chain of command on several
occasions regarding his whereabouts and completion of assigned duties and
tasks; failure to follow direct orders, abuse of government funds and
quarters; attempted theft; failure to properly account for a weapon; and
being absent without leave.  He was advised of his rights.  On 10 March
2002, the applicant consulted with legal counsel, was advised of the impact
of the discharge action, and did not submit a statement in his own behalf.
He was also entitled to have his case heard by an administrative separation
board, which he elected to do.  On 22 August 2002, an administrative
separation board conducted the proceeding in the applicant’s case.  He
appeared with counsel.  The board results and the separation authority’s
decision are not contained in the available records.  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 by reason of pattern of misconduct, with a characterization
of service of general, under honorable conditions, with a separation code
of JKA, and an RE code of 3.

      b.  On 14 April 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 11 months, and 24 days of
active military service and accrued 10 days of lost time in the period
under review and had a total of 22 years, 11 months, and 19 days of total
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 030902, 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:
         ( X ) Records review             (   ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 25 August
2004.

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

      e.  Applicant testified:     (   ) Yes   ( X ) 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:  (1)  The characterization of service is too harsh.

      b.  Request:  ( X ) Recharacterization     (   ) 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 l, above:

        (1)  The issue is accepted.  The Board carefully examined the
available records for the period of enlistment under review.  The Board
does not condone the applicant’s misconduct; however, determined that the
characterization of service is inequitable.  The Board found that the
applicant’s misconduct was mitigated by service of sufficient merit to
warrant an upgrade of the characterization of service.  Accordingly, the
Board voted to grant relief in the form of an upgrade of characterization
of service to fully honorable.  The Board determined that the reason for
discharge was 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
                  1901 South Bell Street, 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:  27 August 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:  2003095669                    INDEX NUMBERS:  A9218
Date of Review:  040825                                   A0113
Character of Service:  GD
Date of Discharge:  030414
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