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):  960215

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:
                                           NDSM
    a.  Period entered for:  3 Years               ASR
    b.  Entry date:  950608
    c.  Age:  20 Years   DOB:  741025
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  122                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          0 Years  8 Months  0 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

      Mil conf     951213-951220 (As result of SCM)

      Civil conf

      Other


6.  Nonjudicial punishment:

      Date  Offense(s)
      951004     Without authority, failed to go at the time prescribed to
             his appointed place of duty, four (4) specifications (950925,
             950921, 950920, and 950915); Disobeyed a lawful order by a
             SPC, two (2) specifications (950921 and 950915)(Company Grade)
      950721     Without authority, failed to go at the time prescribed to
             his appointed place of duty, two (2) specifications (950712
             and 950710)(Company Grade)


7.  Court-Martial data:

      a.  SCM:
            Date       Offense(s)
            951213     Without authority, failed to go at the time
prescribed to his
                  appointed place of duty, seven (7) specifications (951106-

                  951108; 951115; 951117 x 2; and 951120)


      b.  SPCM:
            Date       Offense(s)


      c.  GCM:
            Date       Offense(s)


8.    Remarks:  The suspension of reduction to PFC (E3) and forfeiture of
              $275.00 imposed on 950721 was vacated on 950925 by reason of
              without authority, failing go at the time prescribed to his
              appointed place of duty (950915)


                       SECTION B - Prior Service Data

Other discharge(s):

      Service    From  To    Type Discharge
      USAR  920103     920303     NA
      ADT   920304     920813     Honorable
      USAR  920813     950607     NA




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 14 December 1995, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter l4, AR 635-200, by reason of misconduct—pattern
of misconduct, with an under other than honorable conditions discharge.
The reasons for the proposed action were he received numerous incidents of
failure to repair, dereliction of duty, and disobeying lawful orders.  He
was advised of his rights.  On 22 December 1995, the applicant consulted
with legal counsel, was advised of the impact of the discharge action, and
indicated he submitted a statement in his own behalf; however, his
statement is not in the available records.  He was also entitled to have
his case considered by an administrative separation board; however, he
voluntarily waived his right contingent upon receiving a characterization
of service or description of separation no less favorable than general,
under honorable conditions.  On 6 February 1996, the unit commander
recommended separation from the service with a general, under honorable
conditions and waiver of further rehabilitative efforts.  The intermediate
commanders reviewed the proposed discharge action and recommended approval
of the separation action with a general discharge.  On 6 February 1996, the
separation authority waived further rehabilitative efforts and directed
that the applicant be discharged with a characterization of service of
general, under honorable conditions.

      b.  On 15 February 1996, the applicant was discharged.  At the time
of discharge, the applicant had completed 8 months of active military
service and accrued 8 days of lost time in the period under review.  He had
a total of 3 years, 5 months, and 7 days of total 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 040416, with four (4) 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 15 December
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 characterization of service is too harsh.

      b.  Request:  ( X ) Recharacterization     ( X ) 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.

        (1)  The issue is rejected.  See response to issue (2) below.

      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 does not condone the applicant’s
misconduct; however, determined that the characterization of service is
inequitable.  The Board found that the applicant’s misconduct was mitigated
by the nature of the offenses and a documented sleep disorder.
Accordingly, the Board voted to grant partial relief by changing the
characterization of service to fully honorable.  However, the Board found
that the reason for discharge was both proper and equitable and voted not
to change it.

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
           Honorable.
      (   ) 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:  17 December 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.

                          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:  20040000452                   INDEX NUMBERS:  A9322
Date of Review:  041215                                   A9217
Character of Service:  GD                                 A0113
Date of Discharge:  960215
Authority:  AR 635-200 C14
Reason:  A6750
Results of Board Action/
Vote/Affirmation:  HD 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