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):  940523

3.  Authority for separation:

      a.  Regulation:  Chapter 5, AR 635-120

      b.  Reason:  In Lieu of Trial by Court-Martial

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ARCOM (3)     ASR
    a.  Period entered for:  Indefinite            AAM
    b.  Entry date:  890512                        GCMDL
    c.  Age:  33 Years   DOB:  560212              NDSM
    d.  Educational level:  Col Grad               AFRM
    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         O3
          8 Years  8 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:  NONE

    Status       Inclusive dates
      AWOL

      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:  NONE

      Date  Offense(s)



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

Other discharge(s):

      Service    From  To    Type Discharge
      ARNGUS     740520      740730     NA
      IADT  740731     750501     Uncharacterized
      ARNGUS     750502      751110     Honorable
      USAR  751111     760202     NA
      RA    760203     800202     Honorable
      USAR  800203     800626     NA
      ARNGUS     800627      810827     NA
      USAR  810828     820603     NA
       (Continuous Service)



                         PART IV - PREHEARING REVIEW

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

      a.  All the facts and circumstances pertaining to the applicant’s
discharge are not contained in the available records.  The evidence of
record shows that the applicant was charged with making false statements
reference his use of drugs.  The applicant voluntarily tendered his
resignation from the Army for the good of the service under the provisions
of Chapter 5, AR 635-120.  The chain of command reviewed the proposed
discharge action and recommended approval with an under other than
honorable discharge.  On 4 April 1994, the Personnel Management Officer,
U.S. TAPC, forwarded the applicant’s resignation case to the Deputy
Assistant Secretary, Review Boards Agency, with the Ad Hoc Review Board’s
recommendation to accept the applicant’s resignation with an under other
than honorable conditions discharge.  On 25 April 1994, the Deputy
Assistant Secretary (Army Review Boards) approved the Board’s
recommendation, accepted the applicant’s resignation, and directed that he
be separated with an under other than honorable conditions discharge.

      b.  On 23 May 1994, the applicant was discharged.  At the time of
discharge, the applicant had completed 8 years, 8 months, and 12 days of
active military service in the period under review and had 17 years, 5
months, and 22 days of total military service.

2.  Legal/Regulatory Basis for Separation Action:  Army regulation 635-120,
in effect at the time, prescribed the procedures for the resignation of
USAR commission officers on active duty.  Chapter 5 allowed for an officer
to submit a resignation for the good of the service (RFGOS) in lieu of
court-martial.  An officer separated under this paragraph normally receives
characterization of service of general, under honorable conditions or under
other than honorable conditions.


                      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 040104, with seventeen (17) 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:
         (   ) Records review             ( X ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 9 August
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:
                        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:  (8)  The discharge is 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.

        (8)  The issue is accepted.  The Board carefully examined the
applicant’s official record during the period of service under review and
heard his testimony.  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 found that the
discharge was inequitable based on the following:  the length and quality
of the applicant’s service, his personal awards and decorations, the
elapsed time since discharge, and, his post-service accomplishments.  In
addition, the Board found that the narrative reason for discharge was not
supported by the evidence in the official record.  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 “Miscellaneous/General Reasons.”

        (1-7)  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 issues 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.
      ( X ) Inequitable as to reason.  Change reason to
           Miscellaneous/General
            Reasons under Chapter 3, AR 635-120.
      (   ) 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       4         1
    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:  13 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.
           ( X ) Change reason and authority for discharge to
            Miscellaneous/General Reasons, Chapter 3, AR 635-120.
           ( X ) Other (see remarks below).

Remarks:  Change SPD code to “FND.”

                          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:  2004101175                    INDEX NUMBERS:  A9406
Date of Review:  040809                                   A9218
Character of Service:  UD                                 A9236
Date of Discharge:  940523                                A0100
Authority:  AR 635-120 C5
Reason:  A8000
Results of Board Action/
Vote/Affirmation:  HD 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