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):  990701

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(5th Award)
    a.  Period entered for:  2 Years               GCMDL
    b.  Entry date:  970915                        NDSM
    c.  Age:  36 Years   DOB:  601205              ASR


    d.  Educational level:  HS Grad                OSR


    e.  Aptitude area score:
          GT:  122                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          1 Year(s)  9 Month(s)  16 Day(s)


                                               4.  Performance evaluations:

                                                   NONE

                         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)
      980910     Failed to go to appointed place of duty on (980825)
                 (Summarized);
      981102     Without authority go from appointed place of duty on
                 (981013); disrespectful in deportment toward SGT on
                 (981014) (Company Grade);
      981002     Wrongfully endeavor to impede an investigation by
                 altering testimony of witness by telling her to change
                 her statement (Field Grade);

7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  Total time in service calculated using supporting
documentation
              in official record.  DD Form 214 should read as follows:
              block 12a - “911112;” block 12c – “7 Yrs, 7 Mos, 20 Days.”

                       SECTION B - Prior Service Data
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge
      ARNGUS     790425      790529     NA
      ADT   790530     790806     Honorable
      ARNGUS     790807      800604     NA
      ADT   800605     800717     Honorable
      ARNGUS     800718      890326     NA
      ADT   890327     890531     Honorable
      ARNGUS     890601      911111     Honorable
           (Concurrent Service)
      RA    911112     940624     Honorable
      RA    940625     970914     Honorable

                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 14 December 1998, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter l4, AR 635-200, by reason of misconduct—patterns
of misconduct, with a general, under honorable conditions discharge.  He
was advised of his rights.  The applicant consulted with legal counsel, was
advised of the impact of the discharge action, and waived his right to an
appearance before an administrative separation board.  His military counsel
submitted statements in his behalf recommending that the applicant be
processed for discharge through medical channels based on the medical
evidence contained in his medical evaluation board proceedings.  The unit
commander subsequently recommended separation from the service under the
provisions of Chapter 14, AR 635-200, and waiver of further rehabilitative
efforts.  The intermediate commander(s) reviewed the proposed discharge
action and recommended approval of the separation action under the
provisions of Chapter 14, AR 635-200, with a general, under honorable
conditions discharge.  On 24 June 1999, the Acting Commander, Joint
Readiness Training Center and Fort Polk, reviewed the administrative
separation packet and the medical evaluation board proceedings, and
determined that separation via medical channels was inappropriate.  He
further determined that the applicant’s medical condition was not a
substantial contributing cause of his misconduct and directed that his
discharge be processed through administrative channels.  On 28 June 1999,
the separation authority waived further rehabilitative efforts and directed
that the applicant be discharged under the provisions of Chapter 14, AR 635-
200, with a characterization of service of general, under honorable
conditions.

      b.  On 1 July 1999, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 years, 9 months, and 16 days of
active military service in the period under review and had a total of 20
years, 2 months and
6 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 030925.
      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, D.C. on 14 July
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:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      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.

        (1)  The issue is rejected.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
 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 noted the applicant’s contentions,
however, the Board found sufficient misconduct and substandard performance
in his official record to warrant the separation action under review.  The
applicant's discharge was appropriate because the quality of his service
was not consistent with the Army's standards for acceptable personal
conduct and performance of duty by military personnel.  The applicant
provided no independent corroborating evidence demonstrating that either
the command’s action was erroneous or that the applicant’s service
mitigated the misconduct.  Before initiating action to separate the
applicant, the command ensured the applicant was appropriately counseled
about the deficiencies that could lead to separation.  The Board noted that
the command made an assessment thereafter of the applicant's potential for
becoming a fully satisfactory soldier, and the command appropriately
determined the applicant did not demonstrate the potential for further
military service.  The Board, being convinced that the reason for discharge
and the characterization of service were both proper and equitable, voted
to deny relief.

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
           ______________________.
      (   ) 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       2         3

        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

                          
Ms. McKim-Spilker
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

                                    NONE

                          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:  2003096956                    INDEX NUMBERS:  A9405
Date of Review:  040714                                   A9217
Character of Service:  GD                                 A0100
Date of Discharge:  990701
Authority:  AR 635-200 C14
Reason:  A6750
Results of Board Action/
Vote/Affirmation:  NC 3-2 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