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):  990430

3.  Authority for separation:

      a.  Regulation:  Chapter 3, Paragraph 3-13, AR 600-8-24

      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:
                                           MSM              HSM
    a.  Period entered for:  INDEF                 ARCOM (4)        ASR
    b.  Entry date:  890912                        AAM (2)          OSR
    c.  Age:  21 Years   DOB:  670926              NDSM             KLM (SA)
    d.  Educational level:  Col Grad               SWASM w/3BSS     KLM (K)
    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         03
          9 Years  7 Months  19 Days

                                               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:  NONE

      Date  Offense(s)



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
      ARNGUS     871019      890518     Honorable
      USAR  890519     890911     NA
         (Concurrent Service)




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 16 February 1999, the applicant
was charged with engaging in conduct unbecoming an officer and gentleman,
three specifications (981031, 981031, and between 980801 and 980811);
wrongfully have sexual intercourse with a SPC, a married woman not is wife
(between 980810 and 981130); fraternizing with a SPC, a married soldier
under his command (between 980810 and 981130); and fraternizing with a SPC
to favorably influence her career (between 970901 and 971230).  On 23
February 1999, the applicant voluntarily tendered his resignation from the
service under the provisions of Chapter 3, Paragraph 3-13, AR 600-8-24,
resignation for the good of the service in lieu of trial by a court-
martial.  The chain of command recommended approval of the resignation for
the good of the service with issuance of a general, under honorable
conditions discharge.  On 16 March 1999, the Deputy Assistant Secretary
(Army Review Boards) approved the recommendation of the Army Ad Hoc Review
Board and directed that the applicant be discharge with a characterization
of service of general, under honorable conditions.

      b.  On 30 April 1999, the applicant was discharged.  At the time of
discharge, the applicant had completed 9 years, 7 months, and 19 days of
active military service in the period under review and had a total of 11
years, 5 months, and 29 days of total military service.

2.  Legal/Regulatory Basis for Separation Action:  Army regulation 600-8-24
prescribes the policies and procedures governing the transfer and discharge
of Army officer personnel.  Chapter 3, Paragraph 3-13 outlines the rules
for processing request for resignation for the good of the service in lieu
of trial by a general court-martial.


                      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 031224, with five (5) 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     ( 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)  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 overcome
the serious misconduct of record.  The applicant, as a commissioned
officer, had the duty to support and abide by Army's regulations and
policies.  By involving himself in illicit relationships with subordinate
soldiers, the applicant knowingly risked a military career and this
misconduct diminished the quality of his service below that meriting a
fully honorable discharge.  The evidence of record shows that the applicant
was charged with engaging in conduct unbecoming an officer and gentleman,
three specifications; wrongfully have sexual intercourse with a SPC, a
married woman not his wife; fraternizing with a SPC, a married soldier
under his command; and fraternizing with a SPC to favorably influence her
career.  Subsequently, the applicant voluntarily tendered his resignation
from the service under the provisions of Chapter 3, Paragraph 3-13, AR 600-
8-24, resignation for the good of the service in lieu of trial by a court-
martial.  The chain of command recommended approval of the resignation for
the good of the service with issuance of a general, under honorable
conditions discharge.  The Deputy Assistant Secretary (Army Review Boards)
approved the recommendation of the Army Ad Hoc Review Board and directed
that the applicant be discharge with a characterization of service of
general, under honorable conditions.  The Board, being convinced that the
reason for discharge and the characterization of service were both proper
and equitable, voted to deny relief.

      b.  Equity:      The applicant has not submitted an issue of equity
                   and the ADRB has not otherwise relied upon an issue of
                   equity to change the discharge.  The major factors upon
                   which the discharge was based are set forth in Parts III
                   and IV of this decisional document.

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:  2004102871                    INDEX NUMBERS:  A9235
Date of Review:  040929                                   A9217
Character of Service:  GD                                 A0113
Date of Discharge:  990430
Authority:  AR 600-2-24 C3
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