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):  030418

3.  Authority for separation:

      a.  Regulation:  Chapter 4, Paragraphs 4-2b & 4-24a(1), AR 600-8-24

      b.  Reason:  Unacceptable Conduct

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           BSM                AFEM
    a.  Period entered for:  6 Years*              ARCOM       NCOPDR
    b.  Entry date:  961011                        GCMDL       ASR
    c.  Age:  26 Years   DOB:  700418              JSAM        OSR
    d.  Educational level:  2 Yrs Coll             NDSM (2nd Awd)


    e.  Aptitude area score:                       NM
          GT:  N/A                               3.  Highest grade
achieved:
    f.  Length of Service:                         WO2
          6 Year(s)  6 Month(s)  8 Day(s)

                                               4.  Performance evaluations:

                                                   See Microfiche

*Active duty commitment of 6 years upon successful completion of Warrant
Officer
 Technical and Tactical Certification.
                         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:

      Date  Offense(s)
      020611     Without authority fail to go at the time prescribed to
                 appointed place of duty (020430); drunk while on duty
                 as UH-60 pilot (020430) (General Officer Grade)
      001130     DOLO from CPT not to avoid social contact with SPC
             (000810)
                 on divers occasions wrongfully and dishonorably have a
close
                 personal relationship with SPC, a married enlisted soldier
                 not your wife (000527-000810) (General Officer Grade)

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    921008     961010     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 23 October 2002, the applicant
was notified of initiation of elimination proceedings under the provisions
of Chapter 4, AR 600-8-24, by reason of misconduct, moral or professional
dereliction.  The elimination action was based on the applicant’s acts of
personal misconduct (Article 15 and referred Officer Evaluation Report) and
conduct unbecoming an officer.  On 30 8 January 2003, the applicant
voluntarily tendered his resignation from the service under the provisions
of Chapter 4, AR 600-8-24, resignation in lieu of further elimination
proceedings.  The chain of command recommended approval of the resignation
in lieu of elimination proceedings with issuance of an under other than
honorable conditions discharge.  The Ad Hoc Review Board recommended that
the applicant’s resignation be accepted with issuance of a general, under
honorable conditions discharge.  On 3 April 2003, the Deputy Assistant
Secretary (Army Review Boards) approved the recommendation of the Army Ad
Hoc Review Board and directed that the applicant be discharge with a
characterization of service of general, under honorable conditions.

      b.  On 18 April 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 6 years, 6 months, and 8 days of
active military service in the period under review and had a total of 10
years, 6  months and 11 days of active military service.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 600-8-24
sets for the basic authority for Officer transfers and discharges.  Chapter
4 outlines the policy and procedure for the eliminating officer from the
active Army for substandard performance of duty, 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 030203, with three (3) enclosures.
      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 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:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      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.

        (1)  The issue is rejected.  The Board carefully reviewed the
applicant’s record during the period of service under review.  There was a
full consideration of all his 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 applicant was notified to
show cause for retention on active duty under the provisions of Chapter 4,
AR 600-8-24, by reason of personal misconduct and conduct unbecoming an
officer.  The applicant voluntarily requested resignation in lieu of
elimination.  The appropriate authority approved the applicant's request
and issuance of a general, under honorable conditions discharge.  The Board
concluded that by his misconduct, the applicant diminished the overall
quality of his service below that meriting a fully honorable discharge.
The Board acknowledges the applicant's successful transition to civilian
life and noted the many accomplishments outlined in his application and/or
in the documents with his application.  However, in review of the
applicant’s entire service record, the Board found that these
accomplishments did not overcome the reason for discharge and
characterization of service granted.  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       1         4

        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:  2004105218                    INDEX NUMBERS:  A9217
Date of Review:  041020                                   A9235
Character of Service:  GD                                 A9221
Date of Discharge:  030418                                A0100
Authority:  AR 635-200 C4
Reason:  A8000
Results of Board Action/
Vote/Affirmation:  NC 4-1 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