DEPARTMENT OF THE ARMY
                         Army Discharge Review Board
                           1901 South Bell Street
                          Arlington, VA  22202-4508
                                1 April 2005


Office of the President



      After careful review of your application, military records and all
other available evidence, the Army Discharge Review Board determined that
you were properly and equitably discharged.  Accordingly, your request for
a change in the character and/or reason of your discharge is denied.

      You have now exhausted your appeals with the Army Discharge Review
Board.  You may request a reconsideration only if you have new, substantial
and relevant evidence to present which was not readily available during
this review.  If not, your recourse is to apply to the Army Board for
Correction of Military Records.  An application for correction of your
military record, DD Form 149, is enclosed.  Send the completed and signed
DD Form 149 to:  ARBA Support Division, Attention:  SFMR-RBR-SL 9700 Page
Avenue, St. Louis, Missouri 63132-5200.  You must submit this form within
three years from the date of this letter.

      If you believe that the decision in your case is unclear, not
responsive to the issues raised, or does not otherwise agree with the
decisional document requirements of DoD Directive 1332.28, you may submit a
complaint in accordance with Enclosure 5 of that Directive.  The complaint
procedure does not permit you to challenge the merits of the decision, but
is designed solely to ensure that the decisional document meets applicable
requirements for clarity and responsiveness.  You may obtain a copy of DoD
Directive 1332.28 by writing to:  Army Review Boards Agency, Attention:
(Reading Room), The Pentagon, Washington, DC 20310-1809.

                                  Sincerely,



                                  Robert L. House
                                  Colonel, U.S. Army
                                  President

Enclosure


CF


                           MILITARY REVIEW BOARDS

                           Case Report & Directive


                        PART I - IDENTIFICATION DATA

NAME:       ADDRESS:



      PHONE:




COUNSEL:    ADDRESS:


      PHONE:




ALTERNATE PERSON(S) TO BE NOTIFIED:     ADDRESS:

RELATIONSHIP:                     PHONE:



TYPE REPORT:

   ( X ) Original
   (   ) Addendum




                                   REMARKS
                            Case Management Data

( X )  Response to other correspondence required upon completion of case.

(   )  DD Form 149 in file.  Send case to ABCMR.


















OSA FORM 172 (REVISED) 22 May 98     Cover Sheet
                         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):  040106

3.  Authority for separation:

      a.  Regulation:  Chapter 14, Paragraph 14-12c, 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 (2d Awd)     AFRMw/MDev
    a.  Period entered for:  NIF*                  AAM(3rd Awd)
    NCOPDRw/Num2
    b.  Entry date:  030210                        GCMDL       ASR
    c.  Age:  37 Years   DOB:  650730              ARCAM(3rd Awd)   OSR
    d.  Educational level:  HS Grad                NDSM(2nd Awd)
    ARCOTR(3rd Awd)
    e.  Aptitude area score:                       AFEM        NM
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E6
          0 Year(s)  10 Month(s)  27 Day(s)


                                               4.  Performance evaluations:

                                                   See OMPF

*NOTE:  Applicant was a member of the USAR ordered to active duty in
support of Enduring Freedom/Iraqi Freedom.  Activation orders not in file;
last available USAR reenlistment contract in record dated 981122 for 6
years.
                         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:

      Date  Offense(s)
      031218     Derelict in performance of duties by willfully failing to
                 safeguard from assault of abuse captured Iraqi detainees
                 that you were escorting (030512); maltreat Iraqi
detainees,
                 three specifications; make a false official statement
                 (General Officer Grade)

7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  Dates of applicant’s prior service not in the record.
Total
              time in service calculated from DD Form 214.

                       SECTION B - Prior Service Data
                               See #8 Remarks

Other discharge(s):

      Service    From  To    Type Discharge





                         PART IV - PREHEARING REVIEW

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

      a.  The evidence in the official record shows that the applicant was
initially charged under the UCMJ with multiple specifications of abuse of
Iraqi detainees, making a false official statement, and dereliction of
duty.  On 7 January 2004, the charges and their specifications were
dismissed with prejudice, and the applicant was administratively processed
for separation under the provisions of Chapter 14, AR 635-200, by reason of
misconduct-commission of a serious offense.  The administrative discharge
documentation is not in the official record.  The applicant submitted a
copy of the notification and recommendation of separation; however, these
documents are not authenticated with the signature of the unit commander,
and the applicant’s election of rights is incomplete.  However, 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 14, AR 635-200 by reason of misconduct-commission of
a serious offense, with a characterization of service of general, under
honorable conditions.

      b.  On 6 January 2004, the applicant was discharged.  At the time of
discharge, the applicant had completed 10 months and 27 days of active
military service in the period under review and had a total of 18 years and
11 months  military service.  [Total time in service does not necessarily
denote qualifying service for retired pay (see 10 USC 12732).]

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 040803, with multiple enclosure(s).
      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, D.C. on 8 August
2005.

      d. Appearance by:
         Applicant                 ( X ) Yes   (   ) No
         Counsel                   (   ) Yes   ( X ) 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:
                        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
applicant’s record of service during the period of enlistment 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 commission of serious
offenses compelled the applicant’s command to consider him for separation.
Retention is normally only considered in exceptionally meritorious cases
when clearly in the best interests of the Army.  Because of the applicant’s
serious misconduct, the applicant diminished the quality of his service
below that meriting a fully honorable discharge.  The applicant provided no
independent corroborating evidence demonstrating that either the command's
action was erroneous or that his service mitigated the misconduct.  The
evidence of record shows that the applicant’s Article 32 investigation
included the testimony of 31 separate witnesses whose testimony was deemed
credible and probable cause was found to substantiate that the misconduct
occurred.  The applicant accepted nonjudicial punishment for failing to
safeguard detainees from abuse; for maltreating detainees; and for making a
false official statement.  Further, the applicant’s contentions on whether
the misconduct occurred relate to evidentiary and procedural matters which
should have been raised and conclusively adjudicated at the time of his
discharge, and furnish no basis for recharacterization of his service.  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

                          
Ms. McKim-Spilker

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:




ESMERALDA G. PROCTOR
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:  20040005578                   INDEX NUMBERS:  A9405
Date of Review:  050808                                   A9217
Character of Service:  GD                                 A9235
Date of Discharge:  040106                                A0101
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