PART II - APPLICATION DATA

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

1.  Character of Discharge:  General, Under Honorable Conditions

2.  Date of discharge (or REFRAD):  890922

3.  Authority for separation:

      a.  Regulation:  Chapter 14, AR 635-200

      b.  Reason:  Misconduct – Pattern of Misconduct

4.  Prior review(s):  Records Review/911218



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           BSM (2)      NCOPDR-3
    a.  Period entered for:  3 Years               PH (2)       ASR
    b.  Entry date:  860918                        ARCOM        OSR-2
    c.  Age:  39 Years   DOB:  470901              GCMDL (5)    RVNM
    d.  Educational level:  GED                    NDSM         RVNGC w/Palm
    e.  Aptitude area score:                       VSM w/4BSS   CIB
          GT:  109
    f.  Length of Service:                     3.  Highest grade achieved:
          3 Years  0 Months  5 Days                E7


                                               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     890424-890921 (As a result of SPCM)

      Civil conf

      Other


6.  Nonjudicial punishment:

      Date  Offense(s)


    Memorandum of Reprimand:
      Date  Offense(s)
      881206     Drunk driving; refusing to take a lawfully requested test
to
              measure his blood alcohol content (880919)
      871211     Drunk driving (871119)


7.  Court-Martial data:

      a.  SCM:
            Date       Offense(s)

      b.  SPCM:
            Date       Offense(s)
            890424     Disrespect toward a CPT (881221); Assault on a
female by
                  unlawfully drawing his fist back to strike her, creating
a
                  reasonable apprehension of receiving immediate bodily
harm
                  (881221); and Drunk and disorderly (881221)

      c.  GCM:
            Date       Offense(s)


8.    Remarks:  Locally imposed Bar to Reenlistment was initiated on 890109
based on the applicant’s court-martial conviction, two GOMORs for drunk
driving, and other incidents of misconduct.  On 890131, the applicant
submitted an appeal to the Bar.  The chain of command recommended approval.
 On 890412 the Bar action was approved by DA, US Army Enlistment
Eligibility Activity, St Louis, MO.


                       SECTION B - Prior Service Data

Other discharge(s):

      Service    From  To    Type Discharge
      RA    690116     700901     Honorable
      USARCGP    700902      730323     Honorable
      RA    730324     750313     Honorable
      RA    750314     801216     Honorable
      RA    801217     860917     Honorable
                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 16 June 1989, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter l4, AR 635-200, by reason of misconduct—pattern of
misconduct, with an under other than honorable conditions discharge.  The
reasons for the proposed action were based on his four arrests for driving
while intoxicated, disrespect to a commissioned officer, assault, and two
court-martial convictions.  He was advised of his rights.  On 19 June 1989,
the applicant consulted with legal counsel, was advised of the impact of
the discharge action, and he did not submit a statement in his own behalf.
He was also entitled to have his case heard by an administrative separation
board, which he elected to do.  The unit and intermediate commander
recommended approval with an under other than honorable conditions
discharge.  On 5 July 1989, the Staff Judge Advocate recommended the case
be referred to a board of officers, which was approved by the approving
authority.  On 14 July 1989, the applicant acknowledged receipt of
notification to appear before a board of officers.  On 4 August 1989, the
applicant again consulted with legal counsel and voluntarily waived
consideration of his case by an administrative separation board contingent
upon receiving a characterization of service or description of service no
less favorable than a general, under honorable conditions.  On 4 August
1989, the intermediate commander recommended that the request for
conditional waiver be approved and recommended approval with a general
discharge.  On 16 August 1989, the separation authority waived further
rehabilitative efforts and directed that the applicant be discharged with a
characterization of service of general, under honorable conditions.

      b.  On 22 September 1989, the applicant was discharged.  At the time
of discharge, the applicant had completed 3 years and 5 days of active
military service in the period under review, which included 151 days in
military confinement as a result of a Special Court-Martial.  He had a
total of 20 years, 8 months, and 7 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 040217, 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:
         (   ) Records review             ( X ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 10 January
2005.

      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 Issues:  (2)  The characterization of service is improper.
                       (3)  The narrative reason for separation is
inequitable.

      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 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 applicant was a no-show for his
personal appearance hearing in Washington, DC.  Notwithstanding the fact
that the applicant had a prior records review hearing, the Board
determined, as an exception to policy, that the applicant’s record
warranted a second records review.  The Board carefully examined the
applicant’s record of service during the period of enlistment 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 evidence of record shows that the
government introduced evidence of misconduct from a prior period of
honorable service.  In view of the foregoing, the Board determined that the
characterization of service is improper.  Accordingly, the Board voted to
grant relief by changing the characterization of service to fully
honorable.

      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)  See Paragraph 3, below.

        (3)  The issue is accepted.  The Board found that the overall
length and quality of his service, his subsequent diagnosis of PTSD by the
Department of Veterans Affairs, and the time that has elapsed since his
discharge from service mitigated the applicant’s narrative reason for
separation.  Accordingly, the Board voted to change the narrative reason
for separation to Secretarial Authority.  This action entails a change to
the reentry eligibility (RE) code to “1.”

3.  Response(s) to item(s) not addressed as decisional issue(s):

    Inasmuch as the Board granted the full relief requested, response to
the remaining issue is neither required nor rendered.

                           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                      .

      (   ) Equitable.
      (   ) Inequitable as to characterization.  Change characterization to
                                         .
      ( X ) Inequitable as to reason.  Change reason to Secretarial
           Authority
            under Chapter 5, AR 635-200.
      (   ) 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       5         0
    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:  14 January 2005

     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.
           ( X ) Change reason and authority for discharge to
            Secretarial Authority, AR 635-200.
           ( X ) Other (see remarks below).

Remarks:  This action entails a change to the RE code to “1.”

                          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:  2004104675                    INDEX NUMBERS:  A0154
Date of Review:  050110                                   A1200
Character of Service:  GD                                 A9218
Date of Discharge:  890922
Authority:  Chapter 14, AR 635-200
Reason:  A6750
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