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):  030801

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:
                                           BSM        AFEM     OSR (3)
    a.  Period entered for:  Indefinite            ARCOM (4)  SWASM w/2BSS
    b.  Entry date:  020821                        AAM (5)    HSM      KLM
    (SA)
    c.  Age:  40 Years   DOB:  611213              GCMDL (5)  NCOPDR-3
    d.  Educational level:  Col Grad               NDSM (2)   ASR
    e.  Aptitude area score:
          GT:  117                               3.  Highest grade
achieved:
    f.  Length of Service:                         E7
          0 Years  11 Months  1 Day

                                               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:

      Date  Offense(s)

_____________________________
      Memorandum of Reprimand:

      Date  Offense(s)
      030513     Violation of the installation regulation on inappropriate
             behavior, verbal abuse, and hazing of Initial Entry Training
             (IET) soldiers by verbally abusing his IET soldiers using
             language that was vulgar, obscene, profane, sexual,
             humiliating, gender-specific, and ethnically-slanted (GOMOR)

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
      USAFR 830527     831014     Honorable
      USAR  860206     870427     Honorable
      USAR  870428     870817     NA
      RA    870818     910627     Honorable
      RA    910628     970501     Honorable
      RA    970502     020820     Honorable



                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 15 May 2003, 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, with an under other than honorable conditions discharge.
 The reasons for the proposed action were his offense of violating a lawful
installation regulation by using profane, sexual, and humiliating language
toward trainees, including but not limited to physical abuse.  He was
advised of his rights.  On 16 May 2003, 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 requested consideration of his
case by an administrative separation board with personal appearance and
representation by military counsel.  The unit commander subsequently
recommended separation from the service and waiver of further
rehabilitative efforts.  On 21 May 2003, the intermediate commanders
reviewed the proposed discharge action and recommended approval of the
separation action with an under other than honorable conditions discharge.
On 22 May 2003, the separation authority referred the case to an
administrative separation board.  On 27 May 2003, the applicant
acknowledged receipt of the notification to appear before an administrative
separation board.  On 18 June 2003, an administrative separation board
conducted the proceedings in the applicant’s case.  The applicant was
present with military counsel.  Based on its findings, the Board
recommended separation with a characterization of service of general, under
honorable conditions.  On 7 July 2003, the proper legal authority reviewed
the elimination proceeding and found it to be legally sufficient.  On 11
July 2003, the separation authority approved the Board’s findings and
recommendations.  The separation authority waived further rehabilitative
efforts and directed the discharge of the applicant with a characterization
of service of general, under honorable conditions.

      b.  On 1 August 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 11 months and 1 day of active
military service in the period under review and had a total of 17 years, 5
months, and 26 days of total military service.

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 , with -----enclosure(s).
      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 4 October
2004.

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

      e.  Applicant testified:     ( X ) 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:
          ( X )  Additional issue(s) identified during review/hearing as
              follows:

        Board Issue:  (7)  The discharge is inequitable.

      b.  Request:  ( X ) Recharacterization     ( X ) 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 parenthetical number(s) below correspond(s) to
                   the issue number(s) on the DD Form 293, or in Part VI,
                   Paragraph 1, above.

        (1), (3), and (6)  See response to issue (7) below.

        (2), (4), and (5)  The issues are rejected.  The matters addressed
by these issues do not fall within the purview of this Board.  These
matters should be addressed to the Army Board for Correction of Military
Records (ABCMR).  The Board noted that the applicant has submitted a DD
Form 149 (i.e., application to the ABCMR) with this request.  Upon final
adjudication of the applicant’s request before the Army Discharge Review
Board, his records will be forwarded to the ABCMR for action.

      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.

       (7)  The issue is accepted.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review
and heard his testimony.  There was a full consideration of all faithful
and honorable service as well as the alleged infractions of discipline
resulting in the applicant’s separation from service.  Notwithstanding the
propriety of the separation action under review, the applicant presented
creditable testimony and numerous statements on his behalf that challenge
the veracity of the allegations of misconduct made against him.  In view of
the applicant’s otherwise stellar service, the Board determined that the
discharge was and is inequitable.  Accordingly, the Board voted to grant
partial relief in the form of an upgrade of characterization of service to
fully honorable and a change to the narrative reason for separation to
Secretarial Authority.  This action entails a change to the RE code to “1.”

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
           Honorable.
      ( X ) Inequitable as to reason.  Change reason to Secretarial
           Authority
            under Chapter 5, AR 635-200.
      (   ) 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       5         0
    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

                          
MR. RIVERA
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  8 October 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
            Secretarial Authority, AR 635-200.
           ( X ) Other (see remarks below).

Remarks:  This action entails a change in RE code to “1.”

                          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:  2004102351                    INDEX NUMBERS:  A9236
Date of Review:  041004                                   A9218
Character of Service:  GD                                 A1200
Date of Discharge:  030801                                A9445
Authority:  AR 635-200 C14
Reason:  A6730
Results of Board Action/
Vote/Affirmation:  HD 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