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):  000211

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:
                                           ASR
    a.  Period entered for:  5 Years               OSR
    b.  Entry date:  960812
    c.  Age:  18 Years   DOB:  780505
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  107                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          3 Years  6 Months  0 Days

                                               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)
      981117     Willfully disobeyed a lawful order from a SFC
             (981013)(Company Grade)
      991004     Larceny (Company Grade) (NIF)
      990813     Failure to report, making a false official statement, and
             larceny (Company Grade) (NIF)

7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  On 19 November 1999 the applicant had a vacation of
suspended
              punishment for breaking restriction.

                       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 7 December 1999, 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 reasons for the action included
administration of an Article 15 for disobeying a lawful order from a
noncommissioned officer, and incidents of failing to report, for making
false official statements, for larceny, and for breaking restriction. On 8
December 1999, 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.  The unit commander subsequently recommended separation from
the service and waiver of further rehabilitative efforts.  The battalion
commander reviewed the proposed discharge action and recommended approval
of the separation action with a general discharge.  On 4 January 2000, the
brigade commander reviewed the proposed discharge action and recommended
approval of the separation action with an under other than honorable
conditions discharge.  The approval of the discharge action by the
separation authority is 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 involuntarily discharged
under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 by reason
of misconduct-patterns of misconduct, with a separation code of JKA, and an
RE code of 3.

      b.  On 11 February 2000, the applicant was discharged.  At the time
of discharge, the applicant had completed 3 years and 6 months of active
military service in the period under review

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 031014, 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:
         ( X ) Records review             (   ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 21 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:
          ( X )  Additional issue(s) identified during review/hearing as
              follows:

        Board Issue:  (2)  The discharge is improper.

      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 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 evidence of record shows that the
applicant waived an administrative separation board after being briefed
that he was being recommended for a characterization of service of general,
under honorable conditions.  The evidence of record also shows that the
applicant’s unit commander and battalion commander recommended the
applicant be separated with a characterization of service of general, under
honorable conditions.  The brigade commander, however, recommended that the
applicant’s discharge be characterized as under other than honorable
conditions (UOHC) and made no provisions for the applicant to have his case
considered by an administrative separation board.  The applicant was
subsequently separated with a UOHC.  In view of the foregoing, the Board
found the discharge to be improper.  Accordingly, the Board voted to grant
full relief in the form of an upgrade of characterization of service to
fully honorable and a change to the narrative reason for separation to
Secretarial Authority.  This action does not entail a change to the reentry
eligibility (RE) code.

      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)  See Paragraph 3, below.

3.  Response(s) to item(s) not addressed as decisional issue(s):

    Inasmuch as the Board voted to grant the full relief requested,
response to the remaining issue is neither required nor rendered.

                           PART VII - BOARD ACTION
                   SECTION A - Conclusions/Decisions/Vote

1.    Board conclusion(s):

      The discharge was:

      (   ) Proper.
      ( X ) Improper as to characterization.  Change characterization to
           Honorable.
      ( X ) Improper as to reason.  Change reason to Secretarial Authority
           under  Chapter 5, AR 635-200.

      (   ) 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       4         1
    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
                  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:  23 July 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.
           ( X ) Change reason and authority for discharge to
            Secretarial Authority, AR 635-200.
           ( X ) Other (see remarks below).

Remarks:  This action does not entail a restoration of grade nor a change
          to the RE code.

                          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:  2003097983                    INDEX NUMBERS:  A0204
Date of Review:  040721                                   A1200
Character of Service:  UD
Date of Discharge:  000211
Authority:  AR 635-200 C14
Reason:  A6750
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