PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Bad Conduct

2.  Date of discharge (or REFRAD):  990915

3.  Authority for separation:

      a.  Regulation:  Chapter 3, Section IV, AR 635-200

      b.  Reason:  Court-Martial, Other

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ARCOM (2ND)     KLM (KU)
    a.  Period entered for:  3 Years               AAM            NCOPDR
    b.  Entry date:  930302                        GCMDL (2ND)     ASR
    c.  Age:  25 Years   DOB:  670315              NDSM           OSR
    d.  Educational level:  HS Grad                SWASM w/2BSS
    e.  Aptitude area score:                       KLM (SA)
          GT:  108                               3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          6 Year(s)  2 Month(s) 22 Day(s)

                                               4.  Performance evaluations:

                                                   See OMPF

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

5.  Periods of unauthorized absence:

    Status       Inclusive dates
      AWOL         951209-960104

      Mil conf     960105-960328

      Civil conf

      Other


6.  Nonjudicial punishment:

      Date  Offense(s)
      950711     Disobeyed a lawful order from a commissioned officer; and
             failed to go at the time prescribed to his appointed place of
             duty.  (Field Grade)

7.  Court-Martial data:

      a.  SCM:
            Date      Offense(s)


      b.  SPCM:
            Date      Offense(s)
            960329     Violation of Article 86, UCMJ, three specifications
of failure
                       to go and one specification of AWOL; and violation
of Article
                       112a, UCMJ, two specifications of wrongfully using
cocaine.

      c.  GCM:
            Date      Offense(s)


8.    Remarks:  NONE


                       SECTION B - Prior Service Data
                                    NONE

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 29 March 1996, the applicant was
found guilty by a Special Court-Martial of Violation of Article 86, UCMJ,
three specifications of failure to go; one specification of AWOL (951209-
960106); and violation of Article 112a, UCMJ, two specifications of
wrongfully using cocaine.  He was sentenced to be discharged with a Bad
Conduct Discharge, reduction to E1, and confinement for 90 days.  On 2
April 1996, the applicant was placed on excess leave pending the
affirmation and execution of the Bad Conduct Discharge.  On 31 May 1996,
the sentence was approved.  The record of trial was forwarded to The Judge
Advocate General of The Army for review by the Court of Military Review.
On 5 March 1999, the portion of the sentence pertaining to the Bad Conduct
Discharge was affirmed by the Court of Military Review pursuant to Article
71c, and was ordered executed.

      b.  On 15 September 1999, the applicant was discharged.  At the time
of discharge, the applicant had completed 6 years, 2 months, and 22 days of
active military service (includes 1,262 days of excess leave) and accrued
111 days of lost time in the period under review and had a total of 9
years, 8 months and 3 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 3, Section IV, establishes policy and procedures for separating
members with a dishonorable or bad conduct discharge; and provides that a
soldier will be given a bad conduct discharge pursuant only to an approved
sentence of a general or special court-martial; and that the appellate
review must be completed and the affirmed sentence ordered duly executed.

                      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 031007, with no enclosure(s).
      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 23 June 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:  (2)  Clemency is warranted.

      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 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 found that clemency was warranted
based of the length and quality of his overall service to include his
combat service.  Accordingly, the Board voted to grant partial relief in
the form of an upgrade of the applicant’s characterization of service to
general, under honorable conditions.  A change in the reason for discharge
is not authorized under Federal statute.

        (1)  The issue is rejected.  By his misconduct and poor duty
performance, the applicant diminished the quality of service below that
meriting a fully honorable discharge.  See response to issue (2) above.

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       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

                          
MR. RIVERA
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  25 June 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:  2003097096                    INDEX NUMBERS:  A9106
Date of Review:  040623                                   A9218
Character of Service:  BD                                 A0113
Date of Discharge:  990915
Authority:  AR 635-200 C3
Reason:  A6800
Results of Board Action/
Vote/Affirmation:  GD 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