PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Bad Conduct

2.  Date of discharge (or REFRAD):  881207

3.  Authority for separation:

      a.  Regulation:  Chapter 3, AR 635-200

      b.  Reason:  As a Result of Court-Martial, Other

4.  Prior review(s):  Record Review/961213



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ASR
    a.  Period entered for:  3 Years
    b.  Entry date:  860826
    c.  Age:  18 Years   DOB:  671226


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  89                                3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          2 Year(s)  1 Month(s)  23 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

      Mil conf     880302-880420;

      Civil conf

      Other


6.  Nonjudicial punishment:  NONE

      Date  Offense(s)



7.  Court-Martial data:

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)
            880302 Larceny of five blank checks, of some value, between
                  (870625-870725); larceny of U.S. currency of a total
                  value of $200, four specifications (870630), (870715),
                  (870716); forgery of a check in the total amount of
                  $231.84, five specifications (870630), (870706),
                  (870715), 870716);


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  The official record contains a Bar to Reenlistment dated
                 870813.

                       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 2 March 1988, the applicant was
found guilty by a Special Court-Martial of larceny of five blank checks;
larceny of U.S. currency of a total value of $200, four specifications;
and, forgery of a check in the total amount of $231.84, five
specifications.  He was sentenced to be discharged with a Bad Conduct
Discharge, confinement for two months, forfeiture of $400 pay per month for
three months, and reduction to E1.  On
4 April 1988, the sentence was approved.  On 2 May 1988, the applicant was
placed on excess leave pending the affirmation and execution of the Bad
Conduct Discharge.  The record of trial was forwarded to The Judge Advocate
General of The Army for review by the Court of Military Review.  On 21 July
1988, the United States Army Court of Military Review affirmed the findings
of guilty and the sentence.  On 2 November 1988, the portion of the
sentence pertaining to the Bad Conduct Discharge was affirmed by the Court
of Military Review pursuant to Article 71c, and was ordered executed.

      b.  On 7 December 1988, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years, 1 month, and 23 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 3, Section IV, establishes policy and procedures for separating
members with a dishonorable or bad conduct discharge; and provides that a
soldier will be given a bad conduct discharge pursuant only to an approved
sentence of a general or special court-martial; and that the appellate
review must be completed and the affirmed sentence ordered duly executed.




                      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 030707.
      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:  Atlanta, GA on 19 May 2004.

      d. Appearance by:
         Applicant                 ( X ) Yes   (   ) No
         Counsel                   (   ) Yes   ( X ) No

      e.  Applicant testified:     ( X ) Yes   (   ) No

      f.  Counsel presentation:    (   ) Yes   ( X ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  modified Issue #1.
                        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)  Clemency is warranted.

      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 reviewed the
applicant’s military record and post service accomplishments and found that
clemency was warranted.  Accordingly, the Board voted to upgrade the
applicant’s characterization of service to general, under honorable
conditions.  A change in the reason for discharge is not authorized under
Federal statute.

        (1)  The issue is rejected.  The Board determined that the
applicant’s misconduct diminished the quality of his service below that
meriting a fully honorable discharge.

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                                 .
      (   ) 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
                  1941 Jefferson Davis Highway, 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:  28 May 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 General, Under
                 Honorable Conditions.

                          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:  2004101150                    INDEX NUMBERS:  A9106
Date of Review:  040519                                   A9222
Character of Service:  BD                                 A0100
Date of Discharge:  881207
Authority:  AR 635-200 C3
Reason:  A6800
Results of Board Action/
Vote/Affirmation:  GD 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