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):  930608

3.  Authority for separation:

      a.  Regulation:  Chapter 10, AR 635-200

      b.  Reason:  For the Good of the Service-In Lieu of 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
    a.  Period entered for:  5 Years               NDSM
    b.  Entry date:  900305                        ASR
    c.  Age:  23 Years   DOB:  670218              OSR
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          1 Year  8 Months  13 Days

                                               4.  Performance evaluations:

                                                   NONE

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

5.  Periods of unauthorized absence:

    Status       Inclusive dates
      AWOL         910913-911101
                 911112-930415

      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:

      Date  Offense(s)


_____________________________
      Letter of Reprimand

      Date  Offense
      900814     Driving while impaired (900622)(GOMOR)


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    851008     881007     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  The available record indicates that the applicant was separated
from service on temporary records.  All facts and circumstances leading to
the applicant’s discharge are not in the available records.  The evidence
of record shows that the applicant departed AWOL from his assigned unit at
Fort Bragg, NC on 13 September 1991.  On 1 November 1991 he was apprehended
by the civilian authorities at Richmond, TX and returned to military
control at Fort Sill, OK.  On 12 November 1991, while pending a Chapter 10
discharge he again departed AWOL.  On 15 April 1993, he surrendered to the
military authorities at Fort Sill, OK.  The applicant requested he be
placed on indefinite excess leave pending completion of his administrative
discharge proceeding under Chapter 10, AR 635-200.  His request was
approved and he was placed on excess leave status, effective 19 April 1993.
 The record contains a properly constituted DD Form 214 (Certificate of
Release or Discharge from Active Duty).  His DD Form 214 indicates that he
was discharged under the provisions of Chapter 10, AR 635-200 by reason of
for the good of the service-in lieu of court martial, with a separation
code of KFS, and an RE code of 3.

      b.  On 8 June 1993, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 8 months, and 13 days of
active military service (which included 51 days of excess leave), and
accrued 571 days of lost time in the period under review and had a total of
4 years, 8 months, and 13 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 l0 of that regulation provides, in pertinent part, that a member
who has committed an offense or offenses for which the authorized
punishment includes a punitive discharge may submit a request for a
discharge for the good of the service in lieu of trial by court-martial.
The requests may be submitted at any time after charges have been preferred
and must include the individual’s admission of guilt.  Army policy states
that although an honorable or general discharge is authorized, a discharge
under other than honorable conditions is normally considered appropriate.


                      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 031024, with six (6) 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 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:
          ( X )  Additional issue(s) identified during review/hearing as
              follows:

        Board Issue:  (3)  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.

        (3)  The issue is accepted.  The Board carefully examined the
available records for the period of enlistment under review and the
documentation provided by the applicant with his appeal.  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 now inequitable.  The
applicant provided convincing corroborated evidence of a diagnosed mental
condition that may have impaired his ability to serve.  The Board found
that the applicant’s misconduct was partially mitigated by the diagnosed
mental condition and service of sufficient merit to warrant relief.
Accordingly, the Board voted to grant relief in the form of an upgrade of
characterization of service to general, under honorable conditions.  The
Board determined that the reason for discharge was both proper and
equitable and voted not to change it.

        (1-2)  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:

      ( 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       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:  16 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 General, Under
                 Honorable Conditions.
           ( X ) Other (see remarks below).

Remarks:  This action entails a restoration of grade to E4.

                          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:  2003098243                    INDEX NUMBERS:  A9324
Date of Review:  040714                                   A9218
Character of Service:  UD                                 A0113
Date of Discharge:  930608
Authority:  AR 635-200 C10
Reason:  A7100
Results of Board Action/
Vote/Affirmation:  GD 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