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):  000508

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:
                                           ASR
    a.  Period entered for:  4 Years               OSR
    b.  Entry date:  970113
    c.  Age:  21 Years   DOB:  750309
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  117                               3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          3 Years  3 Months  26 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)
      990331     Without authority, failed to go at the time prescribed to
             his appointed place of duty (990121); Disobeyed a lawful order
             issued by a 1SG by failing to travel in a buddy team (990120);
             Disobeyed a lawful order by a 1SG by failing to stay out of
             the housing area and staying in billeting with his wife
             (990120)(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 punishment of reduction to E-2 and
forfeiture
              of pay imposed by Article 15 on 990331 was vacated, effective

              990420.  The basis for the vacation was the applicant’s
failure
              to go at the time prescribed to his appointed place of duty
on
              990416.

                 Locally imposed Bar to Reenlistment was initiated on
990907
              based on the cited Article 15 and vacation of suspension of
              punishment, and numerous other negative counseling statements

              and civil incidents, including harassing a prostitute and
verbal
              domestic violence.  The Bar was approved on 990909.  The
              applicant acknowledged receipt of the Bar on 990910.  He
              indicated that he would appeal his Bar, however, his appeal
is
              not in the available records.


                       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 15 December 1999, 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 and pattern of misconduct, with
an under other than honorable conditions discharge.  The reasons for the
proposed action were his offense of soliciting a prostitute, his failures
to report, disobeying lawful orders, lack of control over assigned
equipment, robbery in the first degree, and resisting arrest.  He was
advised of his rights.  On 16 December 1999, 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.  He also voluntarily waived
consideration of his case by an administrative separation board contingent
on receiving a characterization of service no less favorable than general,
under honorable conditions.  The unit commander subsequently recommended
separation from the service and waiver of further rehabilitative efforts.
The intermediate commanders reviewed the proposed discharge action,
recommended disapproval of the applicant’s request for conditional waiver
and recommended approval of the separation action with an under other than
honorable conditions discharge.  On 17 March 2000, the separation authority
disapproved the applicant’s request for conditional waiver and approved his
request for a personal appearance before an administrative separation
board.  On 22 March 2000, the applicant’s defense counsel acknowledged
receipt of the notification to appear before an administrative separation
board.  On 19 April 2000, an administrative separation board conducted the
proceedings in the applicant’s case.  The applicant was not present for the
proceedings due to the fact that he was in civil pretrial confinement
awaiting trial for robbery in the second degree and resisting arrest.  The
appointed defense counsel represented the applicant in his absence due to
his confinement.  Based on its findings, the Board recommended separation
with a characterization of service of under other than honorable
conditions.  On 1 May 2000, the separation authority approved the Board’s
findings and recommendations.  The separation authority waived further
rehabilitative efforts, directed the discharge of the applicant with a
characterization of service of under other than honorable conditions, and
reduction to Private (E-1).

      b.  On 8 May 2000, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 3 months, and 26 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 040107, 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 15 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)  The issue is 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 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 or general 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.  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:  2004101295                    INDEX NUMBERS:  A9235
Date of Review:  040915                                   A9217
Character of Service:  UD                                 A0113
Date of Discharge:  000508
Authority:  AR 635-200 C14
Reason:  A6730
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