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):  921002

3.  Authority for separation:

      a.  Regulation:  Chapter 14, AR 635-200

      b.  Reason:  Misconduct-Commission of a Serious Offense-AWOL

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ARCOM       NCOPDR-2
    a.  Period entered for:  3 Years (Ext 8 Mos,   AAM (4)     EFMB
    b.  Entry date:  890930               9 Days)  ARCAM (2)
    c.  Age:  37 Years   DOB:  510516              NDSM
    d.  Educational level:  HS Grad                AFRM
    e.  Aptitude area score:
          GT:  115                               3.  Highest grade
achieved:
    f.  Length of Service:                         E6
          2 Years  7 Months  21 Days

                                               4.  Performance evaluations:

                                                   See OMPF

                         PART III - SERVICE HISTORY
           SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:

    Status       Inclusive dates
      AWOL         910517-910728

      Mil conf     0

      Civil conf   910319-910331; 900822-900921;
                   900314-900329;

      Other        0


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  780520     781007     NA
      ADT   781008     790714     Honorable
      USAR  790715     830614     Honorable
      ADT   830615     830930     Honorable
      USAR  831001     960308     Honorable
      USAR  860309     890120     Honorable
      USAR  890121     890929     NA

      (Applicant entered on USAR-AGR status on 890930)




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 20 February 1992, 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 an under other than
honorable conditions discharge.  The reasons for the proposed action were
his civil conviction for assault with a deadly weapon with intent to commit
serious injury; AWOL from 17 May to 29 July 1991; and filing a false
official statement.  He was advised of his rights.  The applicant was
entitled to an administrative separation board.  He was directed to
complete the required election of rights memorandum on several occasions,
however, since he failed to do so, he waived his rights to the board.  The
unit commander subsequently recommended separation from the service and
waiver of further rehabilitative efforts.  The intermediate commanders
reviewed the proposed discharge action and recommended approval of the
separation action with an under other than honorable conditions discharge.
On 22 September 1992, the separation authority waived further
rehabilitative efforts and directed that the applicant be discharged with a
characterization of service of under other than honorable conditions and
reduction to the lowest enlisted grade.

      b.  On 2 October 1992, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years, 7 months, and 21 days of
active military service and accrued 131 days of lost time in the period
under review and had a total of 13 years, 11 months, and 29 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 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 030630, with multiple 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:
         (   ) Records review             ( X ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 4 October
2004.

      d. Appearance by:
         Applicant                 ( X ) Yes   (   ) No
         Counsel                   (   ) Yes   ( X ) No

      e.  Applicant testified:     ( X ) Yes   (   ) No

      f.  Counsel presentation:    (   ) Yes   ( X ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  NONE
                        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:  (19)  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.

        (19)  The issue is accepted.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review
and heard his testimony.  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.  While the Board does not
condone the applicant’s misconduct, it determined that the overall length
and quality of the applicant’s service mitigated the discrediting entries
in the service record.  In view of the foregoing, the Board determined that
the characterization of service was inequitable.  Accordingly, the Board
voted to grant partial relief in the form of an upgrade of characterization
of service to general, under honorable conditions.  The Board determined
that the reason for discharge was both proper and equitable and voted not
to change it.

        (1-18)  The issues are rejected.  The applicant’s misconduct
diminished the quality of his service below that meriting a fully honorable
discharge.  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. RON WILLIAMS
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  4 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 the characterization of discharge to “General,
                 Under Honorable Conditions.”
           ( X ) Other (see remarks below).

Remarks:   This action entails a restoration of the applicant’s grade to
          “SSG/E-6.”


                          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:  2004103031                    INDEX NUMBERS:  A9406
Date of Review:  041004                                   A9218
Character of Service:  UD                                 A0100
Date of Discharge:  921002
Authority:  AR 635-200 C14
Reason:  A6730
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