PART II - APPLICATION DATA

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

1.  Character of Discharge:  Honorable

2.  Date of discharge (or REFRAD):  031016

3.  Authority for separation:

      a.  Regulation:  Paragraph 4-2a, AR 600-8-24

      b.  Reason:  Substandard Performance

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ARCOM     NGCM
    a.  Period entered for:  INDEF                 AAM
    b.  Entry date:  980711                        NDSM
    c.  Age:  30 Years   DOB:  670923              AFEM
    d.  Educational level:  Col Grad               ASR
    e.  Aptitude area score:
          GT:  NA                                3.  Highest grade
achieved:
    f.  Length of Service:                         03
          5 Years  3 Months  6 Days

                                               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

      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):  The applicant’s complete prior service data is not in
the
                     available records.  The following is the data
extracted from
                     the available records and the applicant’s DD Form
214s.

      Service    From  To    Type Discharge
      USAR  910411     910514     NA
      ADT   910515     910830     Honorable
      USAR  910831     921207     NA
      ARNGUS     921208      951207     Honorable





                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 10 February 2003, the Commander,
U.S. Army Combined Arms Support Command, Fort Lee, VA initiated elimination
action on the applicant under the provisions of Chapter 4, Paragraphs 4-2a,
4-2a(11) and 2-37, AR 600-8-24, by reason of substandard performance of
duty due to two consecutive failures of Combined Logistics Captains’ Career
Course (CLC3) Phase I.  The commander referred the case to a Board of
Inquiry (BOI) to make recommendations on the applicant’s characterization
of service.  The BOI met on 1 May 2003; however, the BOI Report and the
applicant’s response to the board report are not available.  On 3 June
2003, the applicant requested a review of his case by the Army Board of
Review for Eliminations for consideration of alternate actions besides
separation, such as placement in another unit, transfer to another branch,
or return to his original branch, Armor.  On 12 June 2003, the commander
recommended approval of the BOI’s recommendation on elimination and
recommended issuance of an honorable discharge.  On 6 August 2003, the
Commander, TRADOC, reviewed the applicant’s case and recommended approval
of the BOI’s elimination recommendation.  On 20 August 2003, the Chief,
Retirements and Separation Branch, U.S. TAPC, forwarded the BOI proceeding
in the elimination case of the applicant to the Deputy Assistant Secretary,
Review Boards Agency, for determination.  On 28 August 2003, The Department
of the Army Board of Review for Eliminations convened to review the actions
of the BOI, which recommended elimination of the applicant.  At the
conclusion of the hearing, the Board recommended the applicant be
eliminated and issued an honorable discharge.  On 10 September 2003, the
Deputy Assistant Secretary (Army Review Boards) accepted the Board’s
recommendation to eliminate the applicant from the United States Army based
on substandard performance of duty with an honorable discharge.

      b.  On 16 October 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 5 years, 3 months, and 6 days of
active military service in the period under review.  His total military
service could not be determined due to incomplete prior service data
information.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 600-8-24
sets forth the basic authority for Officer transfers and discharges.
Chapter 4, paragraph 4-2a outlines the policy and procedure for eliminating
officers in the Active Army for substandard performance of duty and
paragraph 4-2b for misconduct, moral or professional dereliction, and the
interest of national security.


                      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 040225, with no 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 3 November
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:  (   ) 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.

        (1)  The issue is rejected.  Contrary to the applicant’s
contention, the Board found that the applicant was properly discharged
under the provisions of Chapter 4, Paragraph 4-2a(11), AR 600-8-24, by
reason of substandard performance with a corresponding separation code of
“JHK” (i.e., substandard performance due to failure of a course at a
service school for academic reasons).  The basis for the applicant’s
narrative reason for separation was his two consecutive failures of the
Combined Logistics Captains’ Career Course (CLC3) Phase I.  Let the
applicant be advised that the narrative reason for separation and
separation code that he desires fall under the category of “failure of a
course at a service school because of misconduct, moral or professional
dereliction.”  The Board, being convinced that the reason for discharge and
the characterization of service were both proper and equitable, voted to
deny relief.

      b.  Equity:      The applicant has not submitted an issue of equity
                   and the ADRB has not otherwise relied upon an issue of
                   equity to change the discharge.  The major factors upon
                   which the discharge was based are set forth in Parts III
                   and IV of this decisional document.

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

                          
MR. RIVERA
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:  2004104920                    INDEX NUMBERS:  A0113
Date of Review:  041103                                   A9217
Character of Service:  HD
Date of Discharge:  031016
Authority:  AR 688-8-24 C4
Reason:  A8100
Results of Board Action/
Vote/Affirmation:  NC 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