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):  981102

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:
                                           ARCOM (3)       NCOPDR-2
    a.  Period entered for:  NIF                   AAM (8)         ASR
    b.  Entry date:  950726                        GCMDL (4)       OSR (3)
    c.  Age:  28 Years   DOB:  670724              NDSM
    d.  Educational level:  NIF                    SWASM w/BSS
    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E6
          3 Years  3 Months  7 Days

                                               4.  Performance evaluations:

                                                   NIF

                         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
      USAR (DEP) 850801      851028     NA
      RA    851029     890329     Honorable
      RA    890330     940125     Honorable
      RA    940126     950725     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  The specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records.  The
record contains a properly constituted DD Form 214 (Certificate of Release
or Discharge from Active Duty), which was authenticated by the applicant’s
signature.  His DD Form 214 indicates that he was discharged under the
provisions of Chapter 10, AR 635-200 by reason of in lieu of trial by court-
martial, with a characterization of service of under other than honorable
conditions, with a separation code of KFS, and a RE code of 3.

      b.  On 2 November 1998, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 3 months and 7 days of
active military service in the period under review and had a total of 13
years, 3 months, and 2 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 l0 of that regulation provides, in pertinent part, that a member
who has committed an offense or offenses for which the authorized
punishment includes a punitive discharge may submit a request for a
discharge for the good of the service in lieu of trial by court-martial.
The requests may be submitted at any time after charges have been preferred
and must include the individual’s admission of guilt.  Army policy states
that although an honorable or general discharge is authorized, a discharge
UOHC is normally considered appropriate.


                      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 thirty-six (36) 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:
          ( X )  Additional issue(s) identified during review/hearing as
              follows:

        Board Issue:  (2)  The characterization of service is too harsh.

      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.

        (2)  The issue is accepted.  The Board carefully examined the
available records for the period of enlistment under review.  The Board
does not condone the applicant’s misconduct; however, determined that the
characterization of service is now inequitable.  The Board found that the
applicant’s misconduct was partially mitigated by the overall length and
quality of his service and his post-service accomplishment.  Accordingly,
the Board voted to grant partial relief in the form of an upgrade of
characterization of service to general, under honorable conditions.

        (1)  The issue is rejected.  The applicant’s record is void of
facts and circumstances concerning the events that led to a discharge from
the Army.  The Board noted that the applicant’s record contains a properly
constituted DD Form 214 (Certificate of Release or Discharge from Active
Duty), which was authenticated by the applicant’s signature.  This document
identifies the reason and characterization of the discharge and the Board
presumed Government regularity in the discharge process.  The evidence of
record shows the applicant was discharged under the provisions of Chapter
10, AR 635-200, for the good of the service in lieu of trial by court-
martial.  In connection with such a discharge, the applicant was charged
with the commission of an offense punishable under the Uniform Code of
Military Justice (UCMJ) with a punitive discharge.  Procedurally, the
applicant was required to consult with defense counsel and to voluntarily,
and in writing, request separation from the Army in lieu of trial by court-
martial.  In doing so, the applicant admitted guilt to the stipulated or
lesser-included offenses under the UCMJ.  The Board determined that the
reason for discharge was both proper and equitable and voted not to change
it.  See response to issue (2) above.

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
           General, Under Honorable Conditions.
      (   ) 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       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:  1 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 General, Under
                 Honorable Conditions.
           ( X ) Other (see remarks below).

Remarks:  This action entails a restoration of grade to E6.

                          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:  2004102901                    INDEX NUMBERS:  A9218
Date of Review:  040929                                   A9222
Character of Service:  UD                                 A0113
Date of Discharge:  981102
Authority:  AR 635-200 C10
Reason:  A7000
Results of Board Action/
Vote/Affirmation:  GD 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