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):  990406

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:
                                           AAM
    a.  Period entered for: 4 Years                GCMDL
    b.  Entry date: 961029                         NDSM
    c.  Age: 23 Years   DOB: 730905                ASR


    d.  Educational level:  HS Grad                OSR


    e.  Aptitude area score:
          GT: 103                                3.  Highest grade
achieved:
    f.  Length of Service:                         E4
         1 Year(s)  10 Month(s)  12 Day(s)


                                               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         See remarks


      Mil conf     980221-980610; (Pre-trail)
                   980611-980914;


      Civil conf   0

      Other        0


6.  Nonjudicial punishment:  NONE

      Date  Offense(s)



7.  Court-Martial data:

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)
            980611 Wrongfully appropriate military property of some value,
              two specifications; (980204); (980205); wrongfully disposed
              of military property of a value more than $100.00, two
              specifications; (980204); (980205); through neglect damaged
              military property of some value less than $100.00 (980128);
              and on divers occasions with intent to deceive, made an
              official statement which was false between (980214-980217).



8.    Remarks:  It appears the applicant was AWOL for 6 months and 25 days,
however, the DD Form 214 item 29 does not reflect this.  The applicant was
placed on excess leave for 68 days effective: (990129-990406).


                       SECTION B - Prior Service Data


Other discharge(s):

      Service    From  To    Type Discharge
      USAR  910427     910912     NA
      ADT   910913     960312     Honorable
      USAR  960313     961028     NA




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 5 April 1999, Orders 095-0164,
DA, HQ, US Army Center and Fort Knox, Kentucky, discharged the applicant
from the regular Army, effective date: 6 APRIL 1999.  The record contains a
properly constituted DD form 214 (Certificate of Release or Discharge from
Active Duty).  His DD Form 214 indicates that he was discharged under the
provisions of Chapter 14, AR 635-200, paragraph 12c(1) by reason of
misconduct, with a characterization of service of general, under honorable
conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKD
(i.e., misconduct-commission of a serious offense-AWOL).  The specific
facts and circumstances leading to the applicant’s discharge are not
contained in the available records.

      b.  On 6 April 1999, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 10 months, and 12 days of
active military service and accrued 205 days of lost time in the period
under review and had a total of 7 years, 4 months and 14 days of active
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 040715.
      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 16 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:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      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.  The Board carefully examined the
available records for the period of enlistment under review.  The
applicant’s record is void of the specific facts and circumstances
concerning the events that led to his discharge from the Army.  However,
the applicant’s record does contain a properly constituted DD Form 214
(Certificate of Release or Discharge from Active Duty).  This document
identifies the reason and characterization of the discharge and the Board
presumed Government regularity in the discharge process.  That DD Form 214
indicates that the applicant was discharged under the provisions of Chapter
14, AR 635-200, paragraph 12c(1) by reason of misconduct-commission of a
serious offense-AWOL, with a characterization of service of general, under
honorable conditions.  The applicant provided no independent corroborating
evidence demonstrating that either the command's action was erroneous or
that the applicant’s service mitigated the misconduct or poor duty
performance.  Barring evidence to the contrary, the Board was satisfied
that all requirements of law and regulation were met and the rights of the
applicant were fully protected throughout the separation process.  Further,
eligibility for veteran's benefits to include educational benefits under
the Montgomery GI Bill does not fall within the purview of this Board.
Accordingly, the applicant should contact a local office of the Department
of Veterans Affairs for further assistance.  The Board, being convinced
that the reason for discharge and the characterization of service were both
proper and equitable, voted to deny relief.

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                      .

      ( X ) Equitable.
      (   ) Inequitable as to characterization.  Change characterization to
                                         .
      (   ) 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       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. RON WILLIAMS
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

                                    NONE

                          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:  20040004519                   INDEX NUMBERS:  A9445
Date of Review:  050216                                   A9217
Character of Service:  GD                                 A0100
Date of Discharge:  990406
Authority:  AR 635-200 C14
Reason:  A6730
Results of Board Action/
Vote/Affirmation:  NC 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