PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Honorable

2.  Date of discharge (or REFRAD):  950824

3.  Authority for separation:

      a.  Regulation:  Chapter 14, Paragraph 14-12b, 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            HSM
    a.  Period entered for:  4 Years (Ext 4 Mos)   AAM (3)          NCOPDR-1
    b.  Entry date:  910613                        GCMDL (2)        ASR
    c.  Age:  24 Years   DOB:  670601              NDSM             OSR
    d.  Educational level:  HS Grad                SWASM w/3BSS     KLM
    e.  Aptitude area score:
          GT:  111                               3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          4 Years  2 Months  12 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:  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:  Locally imposed Bar to Reenlistment initiated on 950215
based on
              the applicant’s incidents of disobeying a lawful order,
conduct
              unbecoming of an NCO, and contributing to the delinquency of
a
              minor.  The bar action was approved on 950302.  The applicant

              acknowledged receipt of the approved bar on the same day and
              elected not to appeal the action.


                       SECTION B - Prior Service Data

Other discharge(s):

      Service    From  To    Type Discharge
      RA    871110     910612     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 15 May 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 a general, under honorable conditions discharge.  The
reasons for the proposed action were he disrespected a commissioned
officer, disobeyed a lawful order, contributed to the delinquency of minors
by purchasing liquor for them, violated a Fort Huachuca regulation by
disobeying the speed limits, and larceny of a value of over $100.  He was
advised of his rights.  On 16 May 1995, 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 was also entitled to have his
case considered by an administrative separation board, which he elected to
do.  The unit commander subsequently recommended separation from the
service and waiver of further rehabilitative efforts.  On 19 May 1995, the
intermediate commanders reviewed the proposed discharge action and
recommended approval of the separation action with a general, under
honorable conditions discharge.  On 5 June 1995, the applicant acknowledged
receipt of the notification to appear before an administrative separation
board.  On 29 June 1995, an administrative separation board conducted the
proceedings in the applicant’s case.  The applicant was present with his
defense counsel.  Based on its findings, the Board recommended separation
with a characterization of service of honorable.  On 19 July 1995, the
applicant submitted a rebuttal to the results of the administrative
separation board.  On 1 August 1995, the proper legal authority reviewed
the administrative separation proceedings and concurred with the Board’s
findings and recommendations.  On 1 August 1995, the separation authority
approved the Board’s findings and recommendations.  The separation
authority waived further rehabilitative efforts and directed the discharge
of the applicant with a characterization of service of honorable.

      b.  On 24 August 1995, the applicant was discharged.  At the time of
discharge, the applicant had completed 4 years, 2 months, and 12 days of
active military service in the period under review and had a total of 7
years, 9 months, and 15 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 040611, with fifteen (15) 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 9 February
2005.

      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 narrative reason for separation is
inequitable.

      b.  Request:  (   ) 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 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)  See Paragraph 3, below.

        (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 narrative reason for separation is
now inequitable.  The Board found that the narrative reason for separation
was mitigated by the nature of the offenses, the time that has elapsed
since the applicant’s discharge, and his post-service accomplishments.
Accordingly, the Board voted to grant full relief in the form of a change
to the narrative reason for separation to Secretarial Authority.  This
action entails a change in the RE code to “1.”

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.
      (   ) 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       0         5

        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:  11 February 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 reason and authority for discharge to
            Secretarial Authority, AR 635-200.
           ( X ) Other (see remarks below).

Remarks:  This action entails a change to the RE code to “1.”

                          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:  20040003140                   INDEX NUMBERS:  A9406
Date of Review:  050209                                   A9222
Character of Service:  HD                                 A1200
Date of Discharge:  950824
Authority:  AR 635-200 C14
Reason:  A6750
Results of Board Action/
Vote/Affirmation:  MD 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