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):  040223

3.  Authority for separation:

      a.  Regulation:  AR 135-175, Chapter 2

      b.  Reason:  Moral or Professional Dereliction

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           DMSM        AAM (2)      AFRM
(2)
    a.  Period entered for:  Indefinite            MSM         ARCAM (3)
    AFRM w/”M”
    b.  Entry date:  910228                        JSCM        NDSM (3)
    ASR
    c.  Age:  40 Years   DOB:  500430              ARCOM (3)   KCM w/1BSS
    OSR
    d.  Educational level:  Post-Grad              JSCM        HSM
    NATO Medal
    e.  Aptitude area score:
          GT:  NA                                3.  Highest grade
achieved:
    f.  Length of Service:                         O5
         12 Years  11 Months  26 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)
_________________________________
    Memorandum of Reprimand:

      Date  Offense(s)
      030515     Engaged in a pattern, over a period of years, of
submitting false and
              misleading information in seeking official action from his
command,
              including applications for Individual Mobilization
Augmentation (IMA)
              positions and in applications to Colonel Command Assignment
Selection
              Boards (CCASBs)(COL MOR)


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
      USN   721119     730322     Honorable
      USN   730323     770120     Honorable
      USNR  770121     821130     Honorable
      USAR  910228     Concurrent Service




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 30 October 2002, Commander, AR-
PERSCOM appointed an officer under AR 15-6 to investigate inconsistencies
in the applicant’s records.  On 9 April 2003, the investigating officer
completed the ROI.  On 12 May 2003, the legal review of the ROI was
completed.  On 15 May 2003, Commander, AR-PERSCOM, approved the ROI.  On 27
June 2003, Commander, AR-PERSCOM, notified the applicant of initiation of
separation action under the provisions of Chapter 2, AR 135-175, by reason
of intentional omission or misstatement of facts in official records or
official statements or records for the purpose of misrepresentation; acts
of personal misconduct, and conduct unbecoming an officer.  He was advised
of his rights.  The applicant consulted with legal counsel, was advised of
the impact of the discharge action, and requested a hearing by a board of
officers.  On 17 December 2003, the applicant was notified, in writing, of
the referral to the involuntary separation board.  On 7 February 2004, the
applicant appeared before a board of officers, with counsel.  On 8 February
2004, the board recommended separation with an under other than honorable
conditions discharge.  Subsequently, the appropriate authority approved the
board’s findings and recommendation and on 23 February 2004, U.S. Army
Human Resources Command, St Louis, MO, orders D-02-405663, discharged the
applicant from the United States Army Reserve, effective 23 February 2004,
with a characterization of service of under other than honorable
conditions.

      b.  On 23 February 2004, the applicant was discharged.  At the time
of discharge, the applicant had completed 12 years, 11 months, and 26 days
of military service in the period under review and had a total of 22 years,
11 months and 28 days of total military service.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 135-175
sets forth the basic authority for the separation of ARNGUS and USAR
officer personnel.  Chapter 2-12 establishes policy and prescribes
procedures for separating members for moral or professional dereliction,
including intentional omission or misstatement of facts in official records
or official statements or records for the purpose of misrepresentation;
acts of personal misconduct; and conduct unbecoming an officer.  Officers
discharged for any of the following reasons may be furnished an honorable
or general discharge certificate, or other than honorable conditions
discharge.


                      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, 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:
         ( X ) Records review             (   ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 13 September
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:  (19)  The discharge is improper.

      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.

        (19)  The issue is accepted.  In regards to the composition of the
applicant’s administrative separation board; Chapter 2, Paragraph 2-25(1),
AR 135-175, provides that one of the members present will be a Regular Army
officer, if one is available.  If none is available, the appointing
authority may substitute a Reserve officer who is serving on active duty.
Army Regulation 135-175, in pertinent part, defines “active duty” as
follows:  “Full-time duty in the active military service of the United
States.  As used in this regulation, the term is applied to all Army
National Guard of the United States and U.S. Army Reserve soldiers ordered
to duty under Title 10. U.S. Code, other than for training.  It does not
include AGR personnel in a full-time National Guard duty status under Title
32, U.S. Code.”  After careful examination of the administrative board
proceedings, the Board determined that the applicant’s administrative
separation board was not properly constituted.  Further, the evidence of
record shows that the applicant raised this issue at the board proceedings
and did not waive his right to have a Regular Army officer and or a Reserve
officer serving on active duty as a member of the board.  In view of the
foregoing the Board determined that the discharge is improper.
Accordingly, the Board voted to grant relief in the form of an upgrade of
characterization of service to fully honorable and to change the authority
for separation to reflect by order of the Secretary of the Army.  The Board
has directed ARBA Support St. Louis, to void the applicant’s original
discharge order, and to issue a new order showing that the applicant was
honorably discharged from the Reserve of the Army at the bequest of the
Secretary of the Army.

        (1-18)  See Paragraph 3, below.

      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 document.

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

    Inasmuch as the Board voted to grant the full relief requested,
response to the remaining issues 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
      ( X ) Improper as to reason.  Change reason to reflect by order of
           the Secretary of the Army under Chapter 1, Paragraph 1-3(1),
            AR 135-175.

      (   ) 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       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:  17 September 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
                  Honorable.
           ( X ) Change reason and authority for discharge to reflect by
            order of the Secretary of the Army, under AR 135-175.
           ( X ) Other (see remarks below).

Remarks:  This action entails voidance of the applicant’s original
          discharge order, and issuance of a new order showing that the
          applicant was honorably discharged from the Reserve of the Army at
          the bequest of the Secretary of the Army.

                          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:  2004105091                    INDEX NUMBERS:  A0214
Date of Review:  040913                                   A1200
Character of Service:  UD
Date of Discharge:  040223
Authority:  AR 135-175
Reason:  A6700
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