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):  900919

3.  Authority for separation:

      a.  Regulation:  Chapter 14, Paragraph 14-12a, AR 635-200

      b.  Reason:  Misconduct-drug abuse

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ASR
    a.  Period entered for:  4 Years
    b.  Entry date:  891128
    c.  Age:  20 Years   DOB:  690615


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  120                               3.  Highest grade
achieved:
    f.  Length of Service:                         E2
          0 Year(s)  8 Month(s)  14 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         900605-900616; 900705-900730:

      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:

      Date  Offense(s)
      900828     AWOL (900605-900622); AWOL (900706-900731) (Field Grade);
      900904     Failed to go at the time prescribed to appointed place of
                 duty (900823); break restriction (900823); failed to go at
                 the time prescribed to appointed place of duty (900828)
                 (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 shows period of first AWOL as 900605-900616.
                 DA Form 2-1 shows applicant present for duty on 900618.
                 Lost time calculated using DD Form 214.

                       SECTION B - Prior Service Data
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge





                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 10 September 1990, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter l4, Paragraph 14-12a, AR 635-200, by reason of
misconduct—minor disciplinary infractions, with a general, under honorable
conditions discharge.  The unit commander indicated that he was initiating
separation proceedings based on the applicant’s record of nonjudicial
punishment and on his diagnosed personality disorder.  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.  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 a general, under honorable conditions discharge.  On 12 September
1990, the separation authority waived further rehabilitative efforts and
directed that the applicant be discharged with a characterization of
service of general, under honorable conditions.

      b.  On 19 September 1990, the applicant was discharged.  At the time
of discharge, the applicant had completed 8 months and 14 days of active
military service and accrued 38 days of lost time due to AWOL in the period
under review.

      c.  On 14 August 1990, the applicant was diagnosed with a personality
disorder with histrionic and narcissistic features.  The psychiatrist
indicated that the applicant underwent an extensive psychiatric evaluation
including multiple psychological tests and clinical interviews.  The
medical authority determined that the applicant had a fragmented and poorly
defined personality, that he would be detrimental to the accomplishment of
the unit mission in the event of deployment, and could experience an acute
emotional breakdown in a combat environment.  He was strongly recommended
for expeditious discharge under the provisions of Chapter 5-13, AR 635-200,
by reason of personality disorder.

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 030604.
      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 1 September
2004.

      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 discharge was inequitable.

      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.

        (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 noted that on 14 August 1990 the
applicant underwent a mental examination and it was determined that he
should be expeditiously discharged under the provisions of Chapter 5-13, AR
635-200, by reason of personality disorder.  The examiner determined that
the applicant’s personality disorder was incompatible with continued
military service and that it resulted in significant impairment in
functioning.  On 14 August 1990, the unit commander counseled the applicant
and indicated that he intended to initiate separation action based on the
applicant’s personality disorder.  However, the discharge action was not
initiated until 10 September 1990 and the unit commander changed the bases
of discharge to misconduct under the provisions of Chapter 14, AR 635-200,
after the applicant received his second nonjudicial punishment for failing
to repair and breaking restriction.  Given, the above factors, the Board
determined that the applicant would have been more equitably discharged
based on his personality disorder which severely impaired his ability to
serve.  As such, the applicant found that the discharge was inequitable.
Accordingly, the Board voted to grant relief in the form of an upgrade of
characterization of service to fully honorable and to change the narrative
reason for separation to Secretarial Authority.  This action does not
entail a change in RE code.

        (1)  See Paragraph 3, below.

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.
      ( X ) Inequitable as to characterization.  Change characterization to
           Honorable.
      (   ) 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       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

                          
Ms. McKim-Spilker
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  3 September 2004

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

Remarks:  This action does not entail a change in RE code.

                          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:  2004099928                    INDEX NUMBERS:  A9406
Date of Review:  040901                                   A9324
Character of Service:  GD                                 A9456
Date of Discharge:  900919                                A1200
Authority:  AR 635-200 C14
Reason:  A6730
Results of Board Action/
Vote/Affirmation:  HD 5-0 A




                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1. LTC PROCTOR, ESMERALDA G.  Mbr    X             X                 

    2.      Mbr    X             X                 

    3.      Mbr    X             X                 

    4.      Mbr    X             X                 

    5.      PO     X             X