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):  021127

3.  Authority for separation:

      a.  Regulation:  Chapter 3, AR 600-8-24

      b.  Reason:  In Lieu of Trial by Court-Martial

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)       OSR-2
    a.  Period entered for:  Indefinite            GCMDL (3)
    b.  Entry date:  991202                        NDSM
    c.  Age:  27 Years   DOB:  711230              NCOPDR
    d.  Educational level:  14 Years               ASR
    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         W2
          2 Years  11 Months  26 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)



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
      RA    900827     931226     Honorable
      RA    931227     970403     Honorable
      RA    970404     991201     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 9 June 2002, the applicant was
charged with failing to go at the time prescribed to his appointed place of
duty, four specifications (020528)(020529)(020530)(020531); violating a
lawful general regulation by wrongfully engaging in a dating relationship
with a SPC (between 011001 and 020103); failing to obey a lawful general
order by failing to ensure his unit knew how to contact him at all times
while on DRB status (between 020523 and 020527); making a false official
statement to a Special Agent with the intent to deceive (020228); making a
false official statement to a MAJ with the intent to deceive, two
specifications (020522)(020531); making a false official statement to a LTC
with the intent to deceive (020522); stealing a laptop computer, of a value
of about $1,582.00, the property of a SPC (020103); and wrongfully have
sexual intercourse with a female, a woman not his wife (020319).  On 5
September 2002, the applicant voluntarily tendered his resignation from the
service under the provisions of Chapter 3, AR 600-8-24, resignation for the
good of the service in lieu of trial by a court-martial.  The chain of
command recommended approval of the resignation for the good of the service
with issuance of an under other than honorable conditions discharge.  On 4
November 2002, the Deputy Assistant Secretary (Army Review Boards) approved
the recommendation of the Army Ad Hoc Review Board and directed that the
applicant be discharge with a characterization of service of under other
than honorable conditions.

      b.  On 27 November 2002, the applicant was discharged.  At the time
of discharge, the applicant had completed 2 years, 11 months, and 26 days
of active military service in the period under review and had a total of 12
years, 3 months, and 1 day of total military service.

      c.  The evidence of record contains the Article 32 Investigating
Officer’s Report and CIDC Agent’s Investigation Report (OMPF Fiche 3 & 4)
concerning the charges against the applicant leading to his request for
resignation.

2.  Legal/Regulatory Basis for Separation Action:  Army regulation 600-8-24
prescribes the policies and procedures governing the transfer and discharge
of Army officer personnel.  Chapter 3, Paragraph 3-13 outlines the rules
for processing request for resignation for the good of the Service in lieu
of trial by a general court-martial.


                      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 030918, with no 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:  Washington, DC on 3 May 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:  three (3) 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 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 1, above.

        (2)  The issue is accepted.  The Board carefully examined the
applicant’s record of service for the period 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 inequitable.  The applicant's misconduct was mitigated by
service of sufficient merit to warrant an upgrade of the discharge being
reviewed.  Accordingly, the Board voted to grant partial relief in the form
of an upgrade of characterization of service to general, under honorable
conditions.

        (1)  The issue is rejected.  The Board determined that, the
applicant, by his misconduct and poor duty performance, diminished the
quality of his service below that meriting a fully honorable discharge.
The Board found no evidence of arbitrary or capricious action on the part
of the applicant’s chain of command.  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
           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       3         2

        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:  7 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 characterization of discharge to General, Under
                 Honorable Conditions.

                          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:  2003096728                    INDEX NUMBERS:  A9202
Date of Review:  040503                                   A9218
Character of Service:  UD                                 A9411
Date of Discharge:  021127                                A0113
Authority:  AR600-8-24 C3
Reason:  A8000
Results of Board Action/
Vote/Affirmation:  GD 3-2 A








                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1.      Mbr          X            X    X       

    2.      Mbr          X            X            

    3.      Mbr          X                 X       

    4.      Mbr          X                 X       

    5.      PO           X            X