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):  020829

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:
                                           ARCOM (4)     ASR
    a.  Period entered for:  2 Years (NIF)         AAM (5)       OSR (2)
    b.  Entry date:  000830 (NIF)                  GCMDL (3)     NATO Medal
    c.  Age:  24 Years   DOB:  720704              AFSM
    (Yugoslavia)
    d.  Educational level:  HS Grad                NCOPDR
    e.  Aptitude area score:
          GT:  114                               3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          2 Years  0 Months  0 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:

      Date  Offense(s)

____________________________
      Memorandum of Reprimand:

      Date  Offense(s)
      020201     Driving under the influence of alcohol and driving on a
suspended
              license (011216)(GOMOR)
      011226     Driving under the influence of alcohol and improper lane
usage
              (011022)(GOMOR)


7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  Locally imposed Bar to Reenlistment approved by CG, Fort
Stewart
              on 020320, based on two incidents of driving under the
influence
              alcohol.  On 020517, the applicant acknowledged receipt of
the
              approved bar action and elected not to submit an appeal.


                       SECTION B - Prior Service Data

Other discharge(s):

      Service    From  To    Type Discharge
      RA    900621     941212     Honorable
      RA    941213     970512     Honorable
      RA    970513     000829     Honorable



                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 12 June 2002, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of
a serious offense, with an under other than honorable conditions discharge.
 The reasons for the proposed action were his two offenses of apprehension
by the civilian authorities for driving under the influence of alcohol,
resulting in the administration of a General Memorandum of Reprimand for
each incident.  He was advised of his rights.  On 19 July 2002, 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.  He
also voluntarily waived consideration of his case by an administrative
separation board contingent on receiving a characterization of service no
less favorable than honorable.  The unit commander subsequently recommended
separation from the service and waiver of further rehabilitative efforts.
The Battalion and Group commander reviewed the proposed discharge action,
recommended disapproval of the applicant’s request for conditional waiver
and recommended approval of the separation action with an under other than
honorable conditions discharge.  On 26 July 2002, the separation authority
disapproved the applicant’s request for conditional waiver and approved his
request for a personal appearance before an administrative separation
board.  On 27 August 2002, an administrative separation board conducted the
proceedings in the applicant’s case.  The applicant appeared with counsel.
Based on its findings, the Board recommended separation with a
characterization of service of under other than honorable conditions.  On
28 August 2002, the separation authority approved the Board’s findings and
recommendations.  The separation authority waived further rehabilitative
efforts, directed the discharge of the applicant with a characterization of
service of under other than honorable conditions, and reduction to the
lowest enlisted pay grade.

      b.  On 29 August 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years of active military service
in the period under review and had a total of 12 years, 2 months and 9 days
of total military service.

      c.  Evidence of record indicates that the applicant was discharged on
his expiration of term of service (ETS) date with a characterization of
service of under other than honorable conditions.

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 031211, with sixty-four (64) 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 18 August
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 Issues:  (7)  The characterization of service is improper.
                       (8)  The narrative reason for separation is
inequitable.

      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.

        (7)  The issue is accepted.  The evidence of record shows that the
applicant reenlisted on 30 August 2000 for a period of 2 years was
administratively discharged on the date of his Expiration Term of Service
(ETS) date (i.e., 29 August 2002).  Chapter 3, Paragraph 3-7a(1), AR 635-
200 provides in pertinent part, that only an honorable characterization of
service may be awarded to soldiers upon completion of required service.  In
view of the foregoing, the Board determined that the characterization of
service is improper.  Accordingly, the Board voted to grant partial relief
in the form of an upgrade of characterization of service to fully
honorable.  This action entails a restoration of grade to E5.

        (1-6)  The issues are rejected.  So much of the applicant’s request
dealing with separation pay does not fall within the purview of this Board
and should be address with the Army Board for Correction of Military
Records using the DD Form 149 provided with this response.  See responses
to issues 7 & 8.

      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.

        (8)  The issue is accepted.  The evidence of record shows that the
basis for the applicant’s administrative separation was two incidents of
driving under the influence of alcohol.  The Board noted that the applicant
received two memorandums of reprimand and was barred from reenlistment for
the aforementioned incidents and did not receive any other form of
punishment (i.e., nonjudicial punishments under the provisions of Article
15, UCMJ, courts-martial, and or reductions in grade).  Notwithstanding the
fact that the applicant’s record is free of any other derogatory
information, command waited 7 months after the second incident prior to
initiating the applicant’s separation action.  In view of the foregoing and
the and overall length and quality of the applicant’s service (to include
his numerous awards and decorations) the Board determined that the
narrative reason for separation was and is inequitable.  Accordingly, the
Board voted to change the narrative reason for separation to Secretarial
Authority.  This action does not entail a change to the reentry eligibility
(RE) code.

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:

      (   ) Proper.
      ( X ) Improper as to characterization.  Change characterization to
           Honorable.
      (   ) Improper as to reason.  Change reason to
                                   under                      .

      (   ) Equitable.
      (   ) Inequitable as to characterization.  Change characterization to
                                         .
      ( X ) Inequitable as to reason.  Change reason to Secretarial
           Authority
            under Chapter 5, AR 635-200.
      (   ) 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       5         0
    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:  20 August 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 entails a restoration of grade to E5; however, does
          not entail 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:  AR2003099875                  INDEX NUMBERS:  A0154
Date of Review:  040818                                   A9456
Character of Service:  UD                                 A9445
Date of Discharge:  020829
Authority:  AR 635-200 C14
Reason:  A6730
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