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):  031126

3.  Authority for separation:

      a.  Regulation:  Chapter 3, 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                KCM
    a.  Period entered for:  Indef                 ARCOM       SWASw/1BSS
    b.  Entry date:  960703                        JSAM        NCOPDRw/Num2
    c.  Age:  31 Years   DOB:  650403              GCMDL       ASR
    KLM(SA)
    d.  Educational level:  2 Yrs. Coll            ARCAM       OSR    AFSM
    e.  Aptitude area score:                     NDSM(2nd Awd) KLM(K)  NM
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         W2
          7 Year(s)  4 Month(s)  24 Day(s)


                                               4.  Performance evaluations:

                                                   See Microfiche

                         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:  Applicant also has prior service in the USAR and ARNG.
              Dates of this service not available in record.  Total
              time in service calculated using dates on DD Form 214.

                       SECTION B - Prior Service Data
                               See #8 Remarks

Other discharge(s):

      Service    From  To    Type Discharge
      RA         911031    940324       Honorable
      RA         940325    960702       Honorable
      (Discharged to accept commission as warrant officer)


                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 4 September 2003, the applicant
was charged with failing to go to his appointed place of duty, making false
official statements, five specifications, and impeding an investigation by
destroying information relevant to the investigation.  On 11 September
2003, the applicant voluntarily tendered his resignation from the service
under the provisions of Chapter 3, AR 600-8-24, resignation for the good of
the Service in lieu of trial by a general court-martial.  The Ad Hoc Review
Board recommended that the applicant’s resignation be accepted with
issuance of a general, under honorable conditions discharge.  On 26 October
2003, 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 condition.

      b.  On 26 November 2003, the applicant was discharged.  At the time
of discharge, the applicant had completed 7 years, 4 months, and 24 days of
active military service in the period under review and had a total of 19
years, 7 months and 2 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 requests 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 040117, 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:
          (   )  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 reviewed the
applicant’s record during the period of service under review.  There was a
full consideration of all his faithful and honorable service as well as the
infractions of discipline, the extent thereof, and the seriousness of the
offenses.  The evidence of record shows that the applicant was charged with
the commission of offenses punishable under the Uniform Code of Military
Justice with a punitive discharge.  The applicant voluntarily requested
resignation in lieu of trial by general court-martial under the provisions
of Chapter 3, AR 600-8-24 with an honorable discharge.  The appropriate
authority approved the applicant's request and issuance of a general, under
honorable conditions discharge.  The Board concluded that by his
misconduct, the applicant diminished the overall quality of his service
below that meriting a fully honorable discharge.  The Board, being
convinced that the reason for discharge and the characterization of service
were both proper and equitable, voted to deny relief.  The applicant’s
request regarding his Ranger Tab does not fall within the purview of this
Board.  If the applicant desires to pursue this matter he should address it
with the Army Board for Correction of Military Records using the provided
application.

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

                          
Ms. McKim-Spilker
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:  2004102903                    INDEX NUMBERS:  A9405
Date of Review:  040922                                   A9235
Character of Service:  GD                                 A0113
Date of Discharge:  031126
Authority:  AR 600-8-24 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