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):  970503

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:
                                           NDSM
    a.  Period entered for:  4 Years               AFSM
    b.  Entry date:  931029                        ASR
    c.  Age:  19 Years   DOB:  740827              NATO Medal
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  86                                3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          3 Years  6 Months  5 Days

                                               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)
      961028     Willfully disobeyed a lawful order from a SSG by failing
             to “go out and recover the load and take it on to the
             destination” (960809); Wrongfully used a controlled substance,
             marijuana (960907)(Field Grade)
      960304     Willfully disobeyed a lawful order from a 1SG by failing
             to “remain in the immediate training area” (951206); Willfully
             disobeyed a lawful order from a SGT by failing to “button his
             BDU jacket or take it off” (960206); Willfully disobeyed a
             lawful order from a SGT by failing to “be at ease” (960206);
             Wrongfully used provoking words toward a SGT (960206)(Company
             Grade)

7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  NONE


                       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 21 January 1997, 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, abuse of illegal drugs, and
pattern of misconduct, with a general, under honorable conditions
discharge.  The reasons for the proposed action were administration of an
Article 15 for disobeying a lawful order and wrongful use of a controlled
substance, marijuana; disobeying the order of and disrespectful to an NCO;
using a military vehicle for an improper purpose, getting into an accident,
and fleeing the scene; another Article 15 for disobeying lawful orders; and
numerous other counseling statements for failing to report to his appointed
place of duty and disobeying lawful orders.  He was advised of his rights.
On
28 January 1997, the applicant consulted with legal counsel and was advised
of the impact of the discharge action.  He submitted a statement in his own
behalf on 5 February 1997.  On 7 February 1997, the unit commander
subsequently recommended separation from the service and waiver of further
rehabilitative efforts.  On 14 February 1997, the intermediate commander
reviewed the proposed discharge action and recommended approval of the
separation action with a general discharge.  On 6 March 1997, 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 3 May 1997, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 6 months, and 5 days of
active military service in the period under review.

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 031218, 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 8 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:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      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.

        (1-11)  The issues are rejected.  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 the applicant’s contentions;
however, did not find said contentions sufficiently mitigating to warrant
an upgrade of the discharge under review.  The evidence of record shows
that the command attempted to assist the applicant in performing and
conducting himself to Army standards by providing counseling and by the
imposition of nonjudicial punishment.  Before initiating action to separate
the applicant, the command ensured the applicant was appropriately
counseled about the deficiencies, which could lead to separation.  The
Board noted the command made an assessment of the applicant's potential for
becoming a fully satisfactory soldier.  The evidence of record established
that the applicant was afforded a reasonable opportunity to overcome noted
deficiencies.  As the applicant did not subsequently conform to required
standards of discipline and performance, the command appropriately
determined the applicant did not demonstrate the potential for further
military service.  The Board determined that the applicant's discharge was
appropriate because the quality of his service was not consistent with the
Army's standards for acceptable personal conduct and performance of duty by
military personnel.  By his misconduct and poor duty performance, 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 the applicant’s service mitigated the misconduct or poor duty
performance.  Further, matters pertaining to reenlistment and changes to
reentry eligibility (RE) codes does not fall within the purview of this
Board.  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. RIVERA
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:  2004100992                    INDEX NUMBERS:  A9406
Date of Review:  040908                                   A9217
Character of Service:  GD                                 A9203
Date of Discharge:  970503                                A9411
Authority:  AR 635-200 C14                                A0113
Reason:  A6770
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