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):  010207

3.  Authority for separation:

      a.  Regulation:  Chapter 3, Paragraph 3-13, AR 600-8-24

      b.  Reason:  In Lieu of Trial by 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 (2)
    a.  Period entered for:  4 Years               GCMDL
    b.  Entry date:  990807                        NDSM
    c.  Age:  24 Years   DOB:  741012              ASR
    d.  Educational level:  Col Grad               OSR
    e.  Aptitude area score:
          GT:  NA                                3.  Highest grade
achieved:
    f.  Length of Service:                         O1
          1 Year  6 Months  1 Day

                                               4.  Performance evaluations:

                                                   NIF

                         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
      RA    920901     950801     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 23 October 2000, the applicant
was charged with violating a lawful general regulation by wrongfully using
his government credit card for purposes other than official travel expenses
(9 September 1999); disobeying a lawful order by a MAJ not to drive his
personally owned vehicle on or off post until he obtained a valid
operator’s license, proof of insurance, and current vehicle registration
(19 October 2000); wrongfully operating a passenger vehicle when his
civilian drivers license was suspended, without proof of valid vehicle
insurance, and without a current vehicle registration, two specifications
(16 and 19 October 2000); and on diverse occasions, wrongfully having
sexual intercourse with a married woman not his wife (between 8 September
1999 and 20 April 2000).  On 1 November 2000, the applicant voluntarily
tendered his resignation from the service under the provisions of Chapter
3, paragraph 3-13, AR 600-8-24, Resignation for the Good of the Service in
lieu of trial by a General court-martial.  The chain of command recommended
approval of the resignation for the good of the service with issuance of an
under other than honorable conditions discharge.  On 12 January 2001, the
Deputy Assistant Secretary (Army Review Boards) approved the recommendation
of the Army Ad Hoc Review Board and directed that the applicant be
discharge with a characterization of service of general, under honorable
condition.

      b.  On 7 February 2001, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 6 months, and 1 day of
active military service in the period under review and had a total of 4
years, 5 months, and 8 days of total military service.

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 040503, 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:
         (   ) Records review             ( X ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 7 February
2005.

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

      e.  Applicant testified:     ( X ) Yes   (   ) 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 discharge is inequitable.

      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 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.  This Board is not empowered to return
former service members to active duty.  The Board may only change the
characterization or reason for discharge.  See response to issue (2) below.


        (2)  The issue is accepted.  The Board carefully examined the
applicant’s records for the term 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.  The Board does not condone the
applicant’s misconduct; however, determined that the discharge is
inequitable.  The Board determined that the applicant provided clarifying
testimony regarding the facts and circumstances leading to his discharge.
Based on this evidence the Board found that the applicant’s misconduct was
mitigated by the circumstances surrounding his discharge.  Accordingly, the
Board voted to grant partial relief in the form of an upgrade of the
characterization of service to fully honorable and a change to the
narrative reason for separation to miscellaneous/general reasons with a
corresponding separation code (SPD) of FND.

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.
      ( X ) Inequitable as to reason.  Change reason to
           Miscellaneous/General Reasons under Chapter 3, Paragraph 5, AR
           600-8-24.
      (   ) 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       3         2
    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. RON WILLIAMS
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 the characterization of discharge to “Honorable.”
           ( X ) Change reason and authority for discharge to
                 Miscellaneous/General Reasons, under Chapter 3, paragraph
                 5, AR 600-8-24.
           ( X ) Other (see remarks below).

Remarks:   This action entails a change to the separation code (SPD) TO
          “FND.”


                          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:  20040003500                   INDEX NUMBERS:  A9456
Date of Review:  050207                                   A9310
Character of Service:  GD                                 A0100
Date of Discharge:  010207
Authority:  AR 600-8-24 C3
Reason:  A8000
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