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):  020725

3.  Authority for separation:

      a.  Regulation:  Chapter 4, AR 600-8-24

      b.  Reason:  Unacceptable Conduct

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           AAM          OSR
    a.  Period entered for:  3 Years               NDSM (2)     EIB
    b.  Entry date:  000525                        HSM
    c.  Age:  30 Years   DOB:  700821              NCOPDR
    d.  Educational level:  Col Grad               ASR
    e.  Aptitude area score:
          GT:  123                               3.  Highest grade
achieved:
    f.  Length of Service:                         01
          2 Years  2 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)
      020214     Falsifying Permanent Change of Station (PCS) orders to get
             out of a lease and for dishonorably failing to pay debt.
             (General Grade)
___________________________________

      Undated    General Officer Letter of Reprimand for conduct unbecoming
an
              officer and dishonorable failure to pay debt.

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
      USAR  921009     921124     NA
      RA    921125     970323     Honorable
      USAR  970324     991008     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 22 March 2002, the Commander,
Headquarters, III Corps, Fort Hood, TX initiated elimination action on the
applicant under the provisions of Chapter 4, Paragraph 4-2b, AR 600-8-24,
by reason of misconduct, moral or professional dereliction, with a
characterization of service of general, under honorable conditions.  The
basis for the elimination action were the applicant forged his official
permanent change of station orders and presented them in order to
fraudulently break his housing lease; and indebtedness for violating the
terms of his lease that he dishonorably failed to pay.  The applicant
acknowledged notification of the elimination action and waived his right to
legal counsel.  On 15 April 2002, the applicant voluntarily tendered his
resignation in lieu of further elimination proceedings.  On 28 May 2002,
the commander recommended approval with a general, under honorable
conditions discharge.  On 12 June 2002, the Chief, Retirements and
Separation Branch, U.S. TAPC, forwarded the applicant’s resignation case to
the Deputy Assistant Secretary, Review Boards Agency, for determination.
The Department of the Army Ad Hoc Review Board reviewed the applicant’s
case.  On 2 July 2002, the Deputy Assistant Secretary (Army Review Boards)
accepted the applicant’s resignation and directed that he be separated with
a general, under honorable conditions discharge.

      b.  On 25 July 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years, 2 months, and 1 day of
active military service in the period under review and had a total of 9
years, 8 months, and 2 days of total military service.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 600-8-24
sets forth the basic authority for Officer transfers and discharges.
Chapter 4 outlines the policy and procedure for eliminating officers in the
Active Army for substandard performance of duty, misconduct, moral or
professional dereliction, and the interest of national security.


                      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 040205, 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 29 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,
the applicant diminished the quality of his service below that meriting a
fully honorable 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 of
record.  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:  2004102581                    INDEX NUMBERS:  A9235
Date of Review:  040929                                   A9217
Character of Service:  GD                                 A0113
Date of Discharge:  020725
Authority:  AR 600-8-24 C4
Reason:  A8000
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