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):  901015

3.  Authority for separation:

      a.  Regulation:  Chapter 5, AR 635-120

      b.  Reason:  Resignation for the Good of the Service

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ARCOM
    a.  Period entered for:  Indefinite            JSAM
    b.  Entry date:  830515                        AFEM
    c.  Age:  22 Years   DOB:  610501              ASR
    d.  Educational level:  Col Grad               OSR
    e.  Aptitude area score:
          GT:  NA                                3.  Highest grade
achieved:
    f.  Length of Service:                         03
          7 Years  5 Months  1 Day

                                               4.  Performance evaluations:

                                                   See OMPF

                         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
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge





                         PART IV - PREHEARING REVIEW

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

      a.  The evidence of record shows that on 17 July 1990, the applicant
was charged with wrongfully and dishonorably soliciting a sixteen year old
adolescent male to engage in indecent acts (24 June 1990) and wrongfully
and dishonorably communicating to a sixteen year old adolescent male
language in a written note which suggested to the minor male to commit
indecent acts (24 June 1990).  On 3 August 1990, the applicant consulted
with legal counsel.  On 6 August 1990, the applicant voluntarily tendered
his resignation from the Army for the good of the service under the
provisions of Chapter 5, AR 635-120.  He was advised of the impact of the
discharge action and submitted a statement in his own behalf.  On 10 August
1990, the unit commander reviewed the proposed discharge action and
recommended approval with an under other than honorable discharge.  The
battalion commander concurred.  However, the brigade commander recommended
disapproval of the discharge action and recommended trial by General Court-
Martial.  On 14 August 1990, the division commander recommended approval
with an under other than honorable discharge.  On 19 September 1990, the
Deputy Assistant Secretary (Army Review Boards) approved the Army Ad Hoc
Review Board’s recommendation, accepted the applicant’s resignation, and
directed that he be separated with an under other than honorable conditions
discharge.

      b.  On 15 October 1990, the applicant was discharged.  At the time of
discharge, the applicant had completed 7 years, 5 months, and 1 day of
active military service in the period under review and had a total of 7
years and 10 months of total military service.

2.  Legal/Regulatory Basis for Separation Action:  Army regulation 635-120,
in effect at the time, prescribed the procedures for the resignation of
USAR commission officers on active duty.  Chapter 5 allowed for an officer
to submit a resignation for the good of the service (RFGOS) in lieu of
court-martial.  An officer separated under this paragraph normally receives
characterization of service of general, under honorable conditions or under
other than honorable conditions.


                      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 040211, with seven (7) 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 20 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:  (10)  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.

        (10)  The issue is accepted.  The Board carefully examined the
applicant’s record of service during the period under review.  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.  The Board does not condone the applicant’s misconduct; however,
determined that his overall length and quality of his service partially
mitigated his misconduct of record.  In view of the foregoing, the Board
determined that the characterization of service is 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 proper
and equitable and voted not to change it.

        (1-9)  The issues are rejected.  The applicant’s misconduct clearly
diminished the quality of his service below that meriting a fully honorable
discharge.  See response to issue (10) 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:  22 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:  2004104193                    INDEX NUMBERS:  A9406
Date of Review:  041020                                   A9218
Character of Service:  UD                                 A9411
Date of Discharge:  901015                                A0113
Authority:  AR 635-120 C5
Reason:  A8000
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