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):  970930

3.  Authority for separation:

      a.  Regulation:  Chapter 12, AR 635-200

      b.  Reason:  Sufficient Service for Retirement

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           MSM           NCOPDR-3
    a.  Period entered for:  4 Years               ARCOM (3)     ASR
    b.  Entry date:  941024                        AAM (2)       OSR
    c.  Age:  36 Years   DOB:  571227              GCMDL (5)
    d.  Educational level:  HS Grad                NDSM
    e.  Aptitude area score:
          GT:  110                               3.  Highest grade
achieved:
    f.  Length of Service:                         E6
          2 Years  11 Months  7 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
      RA    770421     810628     Honorable
      RA    810629     840614     Honorable
      RA    840615     900326     Honorable
      RA    900327     941023     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 23 September 1996, the applicant
submitted his request for voluntary retirement under the provisions of
Chapter l2, AR 635-200, by reason of length of service.  The applicant’s
request was approved.  On 22 January 1997, DA, XVIII Airborne Corps and
Fort Bragg, Fort Bragg, North Carolina, Orders 022-0254, released the
applicant from active duty effective date 30 September 1997, placed him on
the retired list, and transferred him to the U.S. Army Reserve Control
Group (Retired) Army Reserve Component Personnel Administrative Center St.
Louis, MO.

      b.  On 30 September 1997, the applicant was discharged.  At the time
of discharge, the applicant had completed 2 years, 11 months, and 7 days of
active military service in the period under review and had a total of 20
years, 5 months, and 10 days of total military service.

      c.  The applicant’s DD Form 214 improperly reflects a
characterization of service of “under other than honorable conditions”.

2.  Legal/Regulatory Basis for Separation Action: Army Regulation 635-200
sets forth the basic authority for the separation of enlisted personnel.
Chapter l2 of that regulation governs retirement of Army soldiers (RA,
ARNGUS, USAR) who are retiring in their enlisted status who voluntarily
request retirement due to length of service.  The service of soldiers who
are approved for retirement under the provisions of Chapter 12, AR 635-200,
will be characterized as Honorable.

                      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 040124, with two (2) 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 30 June 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:  (1)  The characterization of service is 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.

        (1)  The issue is accepted.  The evidence of record shows that the
applicant appropriately submitted his request for voluntary retirement
under the provisions of Chapter 12, AR 635-200, after completing over 20
years of honorable active duty service.  His voluntary request for
retirement was approved through appropriate channels and on 22 January
1997, DA, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina,
Orders 022-0254, released the applicant from active duty effective date 30
September 1997, placed him on the retired list, and transferred him to the
U.S. Army Reserve Control Group (Retired) Army Reserve Component Personnel
Administrative Center St. Louis, MO.  At the time of separation the
applicant was erroneously issued a DD Form 214 (Certificate of Release or
Discharge from Active Duty) with a characterization of service of under
other than honorable conditions.  In view of the evidence of record and
assuming administrative regularity in the retirement process, the Board
determined that the characterization of service was and is improper.
Accordingly, the Board voted to change the characterization of service to
fully honorable.  The Board determined that the reason for discharge was
both proper and equitable and voted not to change it.

      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:

      (   ) Proper.
      ( X ) Improper as to characterization.  Change characterization to
           Honorable.
      (   ) 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       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:  2 July 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.

                          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:  2004103021                    INDEX NUMBERS:  A0154
Date of Review:  040630                                   A0113
Character of Service:  UD                                 A9500
Date of Discharge:  970930
Authority:  AR 635-200 C12
Reason:  A0136
Results of Board Action/
Vote/Affirmation:  HD 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