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):  030827

3.  Authority for separation:

      a.  Regulation:  Chapter 14, Paragraph 14-12c, 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:
                                           NDSM
    a.  Period entered for:  5 Years               ASR
    b.  Entry date:  000602
    c.  Age:  18 Years   DOB:  820309


    d.  Educational level:  NIF


    e.  Aptitude area score:
          GT:  94                                3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          3 Year(s)  2 Month(s)  26 Day(s)


                                               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)
      020719     Failed to go at time prescribed to appointed place of duty
                 (020401); DOLO by SSG (020401); DOLO SSG (020403); and,
DOLO
                 SGT (020506) (Company Grade)
      021018     Assault consummated by battery (Field Grade) (not in file)

7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  The official record contains a Military Police Report and
                 Alcohol Influence Report dated 020921.

                       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 22 July 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 a general, under honorable conditions discharge.
The unit commander indicated that he was initiating separation proceedings
based on the applicant’s misconduct, assault consummated by battery and
damage to government property.  He was advised of his rights.  After
consulting with legal counsel, the applicant refused to sign his election
of rights. The applicant submitted a statement in his own behalf.  The unit
commander subsequently recommended separation from the service and waiver
of further rehabilitative efforts.  The intermediate commander reviewed the
proposed discharge action and recommended approval of the separation action
with a general, under honorable conditions discharge.  On 20 August 2003,
the separation authority waived further rehabilitative efforts and directed
that the applicant be discharged with a characterization of service of
general, under honorable conditions.

      b.  On 27 August 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 2 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 031125, with multiple 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:
         ( X ) Records review             (   ) Hearing

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

      c. Review/hearing location and date:  Washington, D.C. on 22
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:
          ( X )  Additional issue(s) identified during review/hearing as
              follows:

        Board Issue:  (2)  The discharge was improper.

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

        (2)  The issue is accepted.  The Board noted that the unit
commander used “Board Procedures” when notifying the applicant that she was
initiating action to separate her under the provisions of Chapter 14, AR
635-200, by reason of misconduct.  By using “Board Procedures” the
authority for approval of the applicant’s separation rested with the
General Court-Martial Convening Authority.  The evidence of record shows
that the applicant’s separation action was approved at the Special Court-
Martial Convening Authority level.  In view of the foregoing, the Board
determined that the discharge was improper.  Accordingly, the Board voted
to grant full 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 does not entail a change
to the reentry eligibility (RE) code.

      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)  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 issue is neither required nor rendered.


                           PART VII - BOARD ACTION
                   SECTION A - Conclusions/Decisions/Vote

1.    Board conclusion(s):

      The discharge was:

      (   ) Proper.
      ( X ) Improper as to characterization.  Change characterization to
           Honorable.
      ( X ) Improper as to reason.  Change reason to Secretarial Authority
           under Chapter 5, AR 635-200.

      (   ) 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       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

                          
Ms. McKim-Spilker
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  24 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 ) 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 does not include a change in RE code.

                          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:  2004102638                    INDEX NUMBERS:  A0108
Date of Review:  040922                                   A0154
Character of Service:  GD                                 A1200
Date of Discharge:  030827                                A9500
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. LTC PROCTOR, ESMERALDA G.  Mbr    X             X                 

    2.      Mbr    X             X                 

    3.      Mbr    X             X                 

    4.      Mbr    X             X                 

    5.      PO     X             X