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):  040205

3.  Authority for separation:

      a.  Regulation:  Chapter 10, AR 635-200

      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:
                                           ARCOM(2nd Awd)     OSR
    a.  Period entered for:  6 Years               AAM(5th Awd)     MFOM
    b.  Entry date:  020403                        GCMDL(2nd Awd)   C/Ach
    c.  Age: 28  Years   DOB:  731211*             HSM


    d.  Educational level:  HS Grad                NCOPDRw/Num2


    e.  Aptitude area score:                       ASR
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E6
          1 Year  10 Month(s) 2 Day(s)

                                               4.  Performance evaluations:

                                                   See Microfiche

*Applicant’s DOB is incorrect on his DD Form 214.  Issue to be addressed by
the ABCMR.

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

5.  Periods of unauthorized absence:

    Status       Inclusive dates
      AWOL         030509-031015; 031120-031208

      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    940327     970326     Honorable
      RA    970326     990912     Honorable
      RA    990913     020402     Honorable







                         PART IV - PREHEARING REVIEW

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

      a.  All the facts and circumstances leading to the applicant’s
separation from the Army are not contained in the official record.  The
available evidence of record shows that the applicant had two periods of
AWOL (030509-031015;031120-031208).  At the completion of his first period
of AWOL, the applicant surrendered to military authorities at Fort Bragg,
North Carolina.  There is no available information concerning the
applicant’s second period of AWOL.  The record contains a properly
constituted DD Form 214 (Certificate of Release or Discharge from Active
Duty) which was authenticated by the applicant.  His DD Form 214 indicates
that he was discharged under the provisions of Chapter 10, AR 635-200 by
reason of for the good of the service-in lieu of trial by court-martial,
with a characterization of service of under other than honorable
conditions.

      b.  On 5 February 2004, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 10 months, and 2 days of
active military service and accrued 179 days of lost time in the period
under review and had a total of 9 years, 4 months and 21 days of active
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 l0 of that regulation provides, in pertinent part, that a member
who has committed an offense or offenses for which the authorized
punishment includes a punitive discharge may submit a request for a
discharge for the good of the service in lieu of trial by court-martial.
The requests may be submitted at any time after charges have been preferred
and must include the individual’s admission of guilt.  Army policy states
that although an honorable or general discharge is authorized, a discharge
UOHC is normally considered appropriate.


                      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 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 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:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      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.

        (1)  The issue is rejected.  All the specific facts and
circumstances leading to the applicant’s discharge are not contained in the
official record.  The Board noted that the applicant’s record contains a
properly constituted DD Form 214 (Certificate of Release or Discharge from
Active Duty) which was authenticated by the applicant.  This document
identifies the reason and characterization of the discharge and the Board
presumed Government regularity in the discharge process.  The evidence of
record shows the applicant was discharged under the provisions of Chapter
10, AR 635-200, for the good of the service in lieu of trial by court-
martial.  In connection with such a discharge, the applicant was charged
with the commission of an offense punishable under the Uniform Code of
Military Justice (UCMJ) with a punitive discharge.  Procedurally, the
applicant was required to consult with defense counsel and to voluntarily,
and in writing, request separation from the Army in lieu of trial by court-
martial.  In doing so, the applicant admitted guilt to the stipulated, or
lesser-included, offenses under the UCMJ.  In the absence of information to
the contrary, the Board was satisfied that all requirements of law and
regulation were met and the rights of the applicant were fully protected
throughout the separation process.  It also noted that the characterization
of service for this type of discharge is normally under other than
honorable conditions and that the applicant would have been aware of that
prior to requesting discharge.  The applicant’s rank/grade is shown
correctly on his DD Form 214.  Army regulations stipulate that individuals
who are separated with an under other than honorable conditions discharge
will be reduced to the lowest enlisted grade.  The Board also determined
that the applicant was appropriately assigned an RE code of 4, which
indicates that the applicant was separated from his last period of service
with a disqualification which cannot be waived and he is ineligible for
reenlistment. The applicant’s request pertaining to changes to his DD Form
214 do not fall within the purview of this Board and need to be addressed
to the Army Board for Correction of Military Records (ABCMR).  Since the
applicant has already submitted a DD Form 149 (application to the ABCMR),
his record has been forwarded to that Board for further action.  The Board,
being convinced that the reason for discharge and the characterization of
service were both proper and equitable, voted to deny relief.

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:  2004104198                    INDEX NUMBERS:  A9217
Date of Review:  041006                                   A9231
Character of Service:  UD                                 A0113
Date of Discharge:  040205
Authority:  AR 635-200 C10
Reason:  A7100
Results of Board Action/
Vote/Affirmation:  NC 5-0 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