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):  890307

3.  Authority for separation:

      a.  Regulation:  Chapter 13, AR 635-200

      b.  Reason:  Unsatisfactory Performance

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           GCMDL (3)
    a.  Period entered for:  4 Years               NCOPDR-2
    b.  Entry date:  860327                        ASR
    c.  Age:  26 Years   DOB:  590530              OSR
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  80                                3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          2 Years  11 Months  12 Days

                                               4.  Performance evaluations:

                                                   See OMPF (fiche)

                         PART III - SERVICE HISTORY
           SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:

    Status       Inclusive dates
      AWOL         881121-881127
                 881213-881219

      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:

      Date  Offense(s)
      880511     Without authority, failed to go at the time prescribed to
             his appointed place of duty (880430)(Field Grade)
      880429     Without authority, failed to go at the time prescribed to
             his appointed place of duty (880317)(Company Grade)
      871222     Without authority, failed to go at the time prescribed to
             his appointed place of duty (871210)(Company Grade)

7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  The suspension of reduction to the grade of E4 imposed on
26 May
              2004 was vacated on 12 July 1988.  The basis for the action
was
              that on 10 June 1988, the applicant, without authority,
failed
              to go at the time prescribed to his appointed place of duty.


                       SECTION B - Prior Service Data

Other discharge(s):

      Service    From  To    Type Discharge
      RA    771109     810121     Honorable
      RA    810122     820902     Honorable
      RA    820903     860326     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  All the facts and circumstances leading to the applicant’s
discharge are not in the available records.  Evidence of record shows that
on 8 November 1988, the unit commander notified the applicant of initiation
of separation action under the provisions of Chapter l3, AR 635-200, by
reason of unsatisfactory performance, with a general, under honorable
conditions discharge.  The unit commander indicated that his specific
reasons for initiating separation action were:  repeatedly counseling for
failure to be at his appointed place of duty, disrespect to noncommissioned
officers, and disobeying lawful orders.  He was advised of his rights.  On
10 August 1988, the applicant consulted with legal counsel, was advised of
the impact of the discharge action, and submitted a statement in his own
behalf, which is not in the available records.  He was also entitled to
have his case heard by an administrative separation board, however, he
waived consideration of his case by an administrative separation board
contingent upon receiving a characterization of service or description of
separation no less favorable than honorable.  His conditional waiver was
disapproved and an administrative separation board was appointed to hear
the applicant’s case.  On 26 January 1989, an administrative separation
board conducted the proceeding in the applicant’s case.  He appeared with
counsel.  The board concluded that the applicant’s duty performance was
unsatisfactory and was not desirable for further retention in the U.S.
Army.  The board recommended discharge for unsatisfactory duty performance
with a general, under honorable conditions discharge.  On 6 February 1989,
the proper legal authority reviewed the administrative discharge board
proceedings and found it to be legally sufficient.  The separation
authority’s decision is not contained in the available records.  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 13, AR 635-200 by reason of unsatisfactory
performance, with a characterization of service of general, under honorable
conditions, with a separation code of JHJ, and an RE code of 3, 3B, 3C.

      b.  On 7 March 1989, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years, 11 months, and 12 days of
active military service and accrued 12 days of lost time in the period
under review.  He had a total of 11 years, 3 months, and 29 days of total
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 13 contains the policy and outlines the procedures for separating
individuals for unsatisfactory performance, to include separation for those
individuals who fail to maintain Army physical standards.  Initiation of
separation proceedings is required for individuals without medical
limitations who have two consecutive failures of the Army physical fitness
test or who are eliminated for cause from Noncommissioned Officer Education
System courses unless the responsible commander chooses to impose a bar to
reenlistment per AR 601-280.  Service of individuals separated because of
unsatisfactory performance will be characterized as honorable or under
honorable conditions as warranted by their military records.

                      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 031130, with no 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:
         ( X ) Records review             (   ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 25 August
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 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.

        (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 incidents of unsatisfactory performance.  The Board does not
condone the applicant’s incidents of unsatisfactory performance; however,
determined that the characterization of service is inequitable.  The Board
found that the applicant’s unsatisfactory performance was mitigated by
service of sufficient merit to warrant an upgrade of the characterization
of service.  Accordingly, the Board voted to grant relief in the form of an
upgrade of characterization of service to fully honorable.  The Board
determined that the reason for discharge was proper and equitable and voted
not to change it.

        (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
                                 
            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       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. RIVERA
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  27 August 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.

                          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:  2004100712                    INDEX NUMBERS:  A9218
Date of Review:  040825                                   A9203
Character of Service:  GD                                 A0113
Date of Discharge:  890307
Authority:  AR 635-200 C13
Reason:  A4900
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