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


Office of the President



      The Army Discharge Review Board reviewed your case and determined
that relief is warranted.  The Board has directed the ARBA Support
Division, St. Louis, MO, to take action as indicated on the enclosed OSA
Form 172, Case Report and Directive.  This document reflects the findings,
conclusions, and reasons for the Board's decision.  The official
notification of any change to your official military personnel record,
including the appropriate documentation, will be mailed to you by the ARBA
Support Division.

      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.  You should
read Enclosure 5 of that directive before submitting a complaint.  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:  DA Review Boards
Agency, Attention:  (Reading Room), The Pentagon, Washington, DC 20310-
1809.

      You may reapply to the Army Discharge Review Board for a personal
appearance hearing and/or you may apply to the Army Board for Correction of
Military Records.  Enclosed are the necessary applications for requesting a
review from both boards.  If you choose to apply to the Army Board for
Correction of Military Records you must do so within three years from the
date of this letter.

      Should you have any questions relating to the documentation
implementing the Board's decision, you should contact:  ARBA Support
Division, ATTN:  SFMR-RBL-SL, 9700 Page Avenue, St. Louis, Missouri, 63132-
5200.

                                  Sincerely,



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


Enclosure


                           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

(   )  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:  Under Other Than Honorable Conditions

2.  Date of discharge (or REFRAD):  010808

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:
                                           AAM(3rd Awd)
    a.  Period entered for:  3 Years               GCMDL(2nd Awd)
    b.  Entry date:  000303                        NDSM
    c.  Age:  22 Years   DOB:  780215              ASR


    d.  Educational level:  HS Grad                OSR(2nd Awd)


    e.  Aptitude area score:
          GT:  103                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          1 Year  5 Month(s)  5 Day(s)

                                               4.  Performance evaluations:

                                                   NONE

                         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)
      010608     Wrongfully having a blood alcohol content of .05 grams or
                 higher while on duty (010518) (Field Grade)

7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  DD Form 214, block 12a shows date entered on active duty
              as 961221.  However, enlistment contract is dated 970416, and
                the official record does not contain an enlistment contract

              dated 961221.

                       SECTION B - Prior Service Data


Other discharge(s):

      Service    From  To    Type Discharge
      ARNGUS     950207      950605     N/A
      ARNGUS(PHI)      950606     950804     Uncharacterized
      ARNGUS     950805      960627     N/A
      ARNGUS(PHII)     960628     960820     Uncharacterized
      ARNGUS     960820      970415     N/A
         (Concurrent service)
      RA    970416     000302     Honorable






                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 29 June 2001, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of
a serious offense, with a general, under honorable conditions discharge.
The unit commander indicated that he was initiating separation proceedings
because the applicant was charged by the county of El Paso with vehicular
assault; assault in the third degree, DUI, driving on a divided or
controlled access highway; not having insurance; and being drunk on duty.
The applicant consulted with legal counsel, was advised of the impact of
the discharge action, waived his right to appear before an administrative
separation board, and did not submit a statement in his own behalf.  The
unit commander subsequently recommended separation from the service and
waiver of further rehabilitative efforts.  The intermediate commander
reviewed the proposed discharge action and recommended approval of the
separation action with an under other than honorable conditions discharge.
On 27 July 2001, the separation authority waived further rehabilitative
efforts and directed that the applicant be discharged with a
characterization of service of under other than honorable conditions.

      b.  On 8 August 2001, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 5 months, and 5 days of
active military service in the period under review and had a total of 6
years, 9 months and 26 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 040923, with one (1) 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:
         ( X ) Records review             (   ) Hearing

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

      c. Review/hearing location and date:  Washington, D.C. on 8 June
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 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 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, it determined that the characterization of service is
too harsh.  The applicant's misconduct was mitigated by service of
sufficient length and merit to warrant a partial upgrade of the discharge
being reviewed.  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.  In addition, the Board also noted an
administrative error in the applicant’s RE code and directed an
administrative correction to RE code 3.  The Board found 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                                 .
      ( X ) RE code cited was an administrative/clerical error and should
           be changed to RE Code 3 under Table 2-3 (SPD/RE Code Cross
           Reference Table), AR 635-5 (Separation Documents).

2.  Voting record:      Change   No Change
                  Reason       0         5
    Characterization       4         1

        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:  10 June 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.
           ( X ) Other (see remarks below).

Remarks:  Restore grade to specialist/E-4.  Administratively correct RE
          code
          to 3

                          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:  20040008353                   INDEX NUMBERS:  A9406
Date of Review:  050608                                   A9218
Character of Service:  UD                                 A0100
Date of Discharge:  010808
Authority:  AR 635-200 C14
Reason:  A6730
Results of Board Action/
Vote/Affirmation:  GD 4-1 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