PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Bad Conduct

2.  Date of discharge (or REFRAD):  891020

3.  Authority for separation:

      a.  Regulation:  Chapter 3, Section IV, AR 635-200

      b.  Reason:  As a Result of Court-Martial, Other

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ASR
    a.  Period entered for:  3 Years
    b.  Entry date:  860814
    c.  Age:  19 Years   DOB:  670703


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  98                                3.  Highest grade
achieved:
    f.  Length of Service:                         E2
          2 Year(s)  11 Month(s)  23 Day(s)


                                               4.  Performance evaluations:

                                                   NONE

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

5.  Periods of unauthorized absence:

    Status       Inclusive dates
      AWOL

      Mil conf     890227-890424


      Civil conf

      Other

6.  Nonjudicial punishment:

      Date  Offense(s)
      881207     Operate a car in a reckless manner (881105); wrongfully
                 leave scene of accident (881105) (Field Grade)
      880628     Failed to obey lawful order from SGT (880606); failed to
                 obey lawful order from SFC (880606); derelict in
performance
                 of duties by failing to maintain security of M16 (880526)
                 (Field Grade)
      880126     Derelict in performance of duties by negligently failing
to
                 obey orders (880103) (Company Grade)
      880229     Failed to go; failed to draw weapon for tactical airborne
                 operation (Summarized)
      870928     Incapacitated for duty by overindulgence in intoxicating
                 liquor or drugs (870901); failed to go (870901);
incapacitated
                 for duty by overindulgence in intoxicating liquor or
                 drugs (970902) (Company Grade)
      870615     Failed to have proper haircut (Summarized)
      870729     Failed to go; failed to secure personal equipment
(Summarized)
      870824     Failed to go (870812) (Company Grade)

7.  Court-Martial data:

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)
            890227 Wrongfully distribute cocaine (890204 and 890205);
wrongfully
                  possess cocaine and marijuana (890204)

      c.  GCM:
            Date   Offense(s)

8.    Remarks:  The official record contains a Bar to Reenlistment dated
880304;
                 and an Alcohol Influence Report dated 881105.

                       SECTION B - Prior Service Data
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 27 February 1989, the applicant
was found guilty by a Special Court-Martial of wrongfully distributing
cocaine and wrongfully possessing marijuana and cocaine.  He was sentenced
to forfeiture of $466 pay per month for three months; confinement for three
months; and a Bad Conduct discharge.  On 14 April 1989, the sentence was
approved.  The applicant was confined from 27 February to 24 April 1989.
On 26 April 1989, the applicant was placed on involuntary excess leave
pending the affirmation and execution of his Bad Conduct discharge.  The
record of trial was forwarded to The Judge Advocate General of The Army for
review by the Court of Military Review.  On 31 May 1989, the United States
Army Court of Military Review affirmed the findings of guilty and the
sentence.  On 14 September 1989, the portion of the sentence pertaining to
the Bad Conduct Discharge was affirmed by the Court of Military Review
pursuant to Article 71c, and was ordered executed.

      b.  On 20 October 1989, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years, 11 months, and 23 days of
active military service (to include 178 days excess leave) in the period
under review.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200
sets forth the basic authority for the separation of enlisted personnel.
Chapter 3, Section IV, establishes policy and procedures for separating
members with a dishonorable or bad conduct discharge; and provides that a
soldier will be given a bad conduct discharge pursuant only to an approved
sentence of a general or special court-martial; and that the appellate
review must be completed and the affirmed sentence ordered duly executed.




                      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 040210.
      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 6 October
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)  Clemency is warranted.

      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 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 reviewed the
applicant’s military record and post service accomplishments and found that
clemency was warranted.  Accordingly, the Board voted to upgrade the
applicant’s characterization of service to general, under honorable
conditions.  A change in the reason for discharge is not authorized under
Federal statute.

        (1)  The issue is rejected.  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       3         2

        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

TO: ARBA Support Division-St Louis      Date:  8 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.

                          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:  2004104169                    INDEX NUMBERS:  A9106
Date of Review:  041006                                   A0113
Character of Service:  BD
Date of Discharge:  891020
Authority:  AR 635-200 C3
Reason:  A6800
Results of Board Action/
Vote/Affirmation:  GD 3-2 A








                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1. LTC PROCTOR, ESMERALDA G.  Mbr          X            X            

    2.      Mbr          X            X            

    3.      Mbr          X            X            

    4.      Mbr          X                 X       

    5.      PO           X                 X