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):  030402

3.  Authority for separation:

      a.  Regulation:  Chapter 10, AR 635-200

      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:
                                           NDSM
    a.  Period entered for:  3 Years               ASR
    b.  Entry date:  010629
    c.  Age:  18 Years   DOB:  830323


    d.  Educational level:  GED


    e.  Aptitude area score:
          GT:  101                               3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          1 Year  8 Month(s)  9 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         021203-021212; 021214-021227; 021105


      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:

      Date  Offense(s)
      021107     AWOL (021105) (Summarized)

7.  Court-Martial data:

      a.  SCM:
            Date   Offense(s)
            030212 AWOL (021203-021212); AWOL (021214-021227)



      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  The applicant’s DD Form 214 shows 1 year, 5 months, and
              4 days prior inactive service; however, there is no
              supporting evidence indicating that the applicant had any
              prior service.  Applicant was sentenced to 30-days
confinement
              at Summary Court-Martial.  Dates of confinement not in file.
                 AWOL dates on DD Form 214 are incorrect; dates should read
              021203-021212; 021214-021227; 021105.


                       SECTION B - Prior Service Data
                          See Remarks in #8, above.

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 11 March 2003, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter l4, Paragraph 14-12b, AR 635-200, by reason of
misconduct—patterns of misconduct, with a general, under honorable
conditions discharge.  The unit commander indicated that his reasons for
initiating discharge action were:  Three periods of AWOL; failing to go on
numerous occasions; and violating lawful regulations.  He was advised of
his rights.  The applicant consulted with legal counsel, was advised of the
impact of the discharge action, unconditionally waived his right to an
appearance before an administrative separation board, and did not submit a
statement in his own behalf.  The unit commander subsequently recommended
separation from the service and waiver of further rehabilitative efforts.
The intermediate commander(s) reviewed the proposed discharge action and
recommended approval of the separation action with an under other than
honorable conditions discharge.  On 18 March 2003, the separation authority
waived further rehabilitative efforts and directed that the applicant be
discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-
200, with a characterization of service of under other than honorable
conditions.

      b.  On 2 April 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 8 months, and 9 days of
active military service and accrued 29 days of lost time due to AWOL in the
period under review.

      c.  The Board noted that the DD Form 214 shows that the applicant was
discharge under the provisions of Chapter 10, AR 635-200,in lieu of trial
by court-martial.  However, the official record shows that the separation
authority directed that the applicant be discharged under the provisions of
Chapter 14, Paragraph 14-12b, by reason of patterns of misconduct.

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 040113.
      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, D.C. 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)  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, the Board found sufficient misconduct and substandard performance
in his official record to warrant the separation action under review.  The
applicant's discharge was appropriate because the quality of service was
not consistent with the Army's standards for acceptable personal conduct
and performance of duty by military personnel.  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.  Before initiating action to separate the applicant, the
command ensured the applicant was appropriately counseled about the
deficiencies that could lead to separation.  The Board noted that the
command made an assessment thereafter of the applicant's potential for
becoming a fully satisfactory soldier, and the command appropriately
determined the applicant did not demonstrate the potential for further
military service.  The Board directed an administrative correction to the
applicant’s DD Form 214 to reflect the approved narrative reason for
discharge.  Other than the correction noted above, the Board determined
that the approved reason for discharge and the characterization of service
were both proper and equitable, and 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                                 .
      ( X ) Both proper and equitable, but reason for separation cited was
           an administrative/clerical error and should be changed to
           Misconduct under Chapter 14-12b, AR 635-200.

2.  Voting record:      Change   No Change
                  Reason       0         5
    Characterization       2         3

        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:  10 September 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 ) Other (see remarks below).

Remarks:  Administratively correct DD Form 214, blocks 25, 26, 27, and 28
          to reflect the following:  “AR 635-200, Para 14-12b;” “JKA;” “RE-
3;”
          and, “Misconduct,” respectively.

                          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:  2004101495                    INDEX NUMBERS:  A9217
Date of Review:  040908                                   A9235
Character of Service:  UD                                 A0113
Date of Discharge:  030402
Authority:  AR 635-200 C14
Reason:  A6750
Results of Board Action/
Vote/Affirmation:  NC 3-2 A



                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1.      Mbr          X            X            

    2.      Mbr          X                 X       

    3. COL ANDRASCHKO, STEVEN L.  Mbr          X                 X       

    4.      Mbr          X                 X       

    5.      PO           X            X