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):  010911

3.  Authority for separation:

      a.  Regulation:  Chapter 3, AR 600-8-24

      b.  Reason:  In Lieu of Trial by Court-Martial

4.  Prior review(s):  Records Review/031029



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           NONE
    a.  Period entered for:  Indefinite
    b.  Entry date:  000607
    c.  Age:  35 Years   DOB:  641212
    d.  Educational level:  Col Grad
    e.  Aptitude area score:
          GT:  NA                                3.  Highest grade
achieved:
    f.  Length of Service:                         03
          1 Year  3 Months  5 Days

                                               4.  Performance evaluations:

                                                   See OMPF

                         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:  NONE

      Date  Offense(s)



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
      USAR  920503     000606     NA




                         PART IV - PREHEARING REVIEW

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

      a.  On 7 March 2001, the applicant was charged with failing to obey a
lawful order and for wrongfully touching four enlisted female soldiers in
an inappropriate manner.  Evidence of record shows that on 19 April 2001,
the applicant voluntarily tendered his resignation from the service under
the provisions of Chapter 3, paragraph 3-13; AR 600-8-24, by reason of in
lieu of trial by general court-martial.  The record also shows that the
applicant’s chain of command recommended approval of his request for
resignation with a characterization of service of under other than
honorable conditions.  The Ad Hoc Review Board recommended that the
applicant’s resignation be accepted with issuance of an under other than
honorable conditions discharge.  On 16 August 2001, the Deputy Assistant
Secretary (Army Review Boards) approved the recommendation of the Army Ad
Hoc Review Board and directed that the applicant be discharged with a
characterization of service of under other than honorable conditions.  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 discharged under the
provisions of Chapter 3, paragraph 3-13, AR 635-200 in lieu of trial by
court-martial, with a characterization of service of under other than
honorable conditions.

      b.  On 11 September 2001, the applicant was discharged.  At the time
of discharge, the applicant had completed 1 year, 3 months, and 5 days of
active military service in the period under review.

2.  Legal/Regulatory Basis for Separation Action:  Army regulation 600-8-24
prescribes the policies and procedures governing the transfer and discharge
of Army officer personnel.  Chapter 3, Paragraph 3-13 outlines the rules
for processing requests for resignation for the good of the service in lieu
of trial by a general court-martial.


                      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 040420, with twenty-six (26) 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:
         (   ) Records review             ( X ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 10 January
2005.

      d. Appearance by:
         Applicant                 ( X ) Yes   (   ) No
         Counsel                   ( X ) Yes   (   ) No

      e.  Applicant testified:     ( X ) Yes   (   ) No

      f.  Counsel presentation:    ( X ) Yes   (   ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  3 documents.
                        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     (   ) 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.

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

        (2)  The issue is accepted.  The Board carefully examined the
applicant’s record during the period of service under review and heard his
testimony.  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.  Although the Board does not condone the
applicant’s misconduct, it determined that the applicant had service of
sufficient merit to partially overcome the discrediting entries in his
service record.  In addition, the applicant has provided evidence of
favorable post-service conduct and the Board found that the
characterization of service granted is now inequitable.  However, the
applicant, by his misconduct and poor duty performance diminished the
quality of his service below that meriting a fully honorable discharge.
Accordingly, the Board voted to grant partial 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.

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       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

                          
Ms. McKim-Spilker
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  14 January 2005

     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:  20040000660                   INDEX NUMBERS:  A9406
Date of Review:  050110                                   A9218
Character of Service:  UD                                 A9222
Date of Discharge:  010911                                A0100
Authority:  AR 600-8-24 C3
Reason:  A8000
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