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):  910705

3.  Authority for separation:

      a.  Regulation:  Chapter 13, AR 635-200

      b.  Reason:  Unsatisfactory 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 (2)        SWASM w/2BSS
    a.  Period entered for:  3 Years               AAM (2)          NCOPDR
    b.  Entry date:  890127                        GCMDL (Army)     ASR
    c.  Age:  27 Years   DOB:  611219              GCMDL (Marine)   OSR
    d.  Educational level:  HS Grad                NDSM
    Meritorious
    e.  Aptitude area score:                                          Mast
    (3)
          GT:  125
    f.  Length of Service:                     3.  Highest Grade Achieved:
          2 Years  5 Months  9 Days                E6

                                               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:

      Date  Offense(s)

_____________________________________________
      910618     Letter of reprimand driving while impaired (910527)(GOMOR)
      Undated    Letter of reprimand driving while impaired (900131)(GOMOR)

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
      USMCR 811124     820104     NA
      USMC  820105     860104     Honorable
      USMCR 860105     860129     NA
      USAR  860130     860205     NA




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 13 June 1991, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter l3, AR 635-200, by reason of unsatisfactory
performance, with an honorable discharge.  The reasons for the proposed
action were his inability to follow the rules and regulations necessary to
remain an effective noncommissioned officer.  His off-duty conduct as
evidenced by two DWI’s set an improper example to lower enlisted soldiers
in the unit.  He was advised of his rights.  On 14 June 1991, the applicant
waived his right to legal counsel, was advised of the impact of the
discharge action, and did not submit a statement in his own behalf.  The
applicant was entitled to have his case considered by an administrative
separation board; however, he waived his right to a board contingent upon
receiving a characterization of service or description of separation no
less favorable than general, under honorable conditions.  The unit
commander recommended separation from the service and waiver of further
rehabilitative efforts.  On 14 June 1991, the intermediate commander
reviewed the proposed discharge action and recommended approval of the
separation action with an honorable discharge.  On 18 June 1991, the
separation authority waived further rehabilitative efforts and directed
that the applicant be discharged with a characterization of service of
honorable.

      b.  On 5 July 1991, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years, 5 months, and 9 days of
active military service in the period under review and had a total of 9
years, 7 months, and 12 days of total military service.

      c.  The record contains a properly constituted DD Form 214
(Certificate of Release or Discharge From Active Duty), which was
authenticated by the applicant’s signature.  However, block 24 (Character
of Service) is incorrect.  The separation authority directed that the
applicant would be discharged from the United States Army and issued an
Honorable discharge.  The current DD Form 214 reflects the applicant
received a General, Under Honorable Conditions discharge.  The DD Form 214
should be corrected to read Block 24: Honorable.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200
sets forth the basic authority for the separation of enlisted personnel.
Chapter 13 contains the policy and outlines the procedures for separating
individuals for unsatisfactory performance, and provides, in pertinent
part, that commanders will separate a member under this chapter when, in
the commander's judgment, the member will not develop sufficiently to
participate satisfactorily in further training and/or become a satisfactory
soldier.  Service of individuals separated because of unsatisfactory
performance will be characterized as honorable or under honorable
conditions as warranted by their military records.


                      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 040318, 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 17 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:
          ( 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     (   ) 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 evidence of record shows that
everyone in the applicant’s chain of command recommended that the
applicant’s service be characterized as honorable.  Further, the evidence
shows that the separation authority approved the applicant’s discharge and
directed that he be issued an honorable characterization of service.
However, an authority involved in the discharge process improperly changed
the characterization of service and the applicant was improperly discharged
with a characterization of service of general, under honorable conditions.
Accordingly, the Board voted to grant full relief in the form of an upgrade
of 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.

        (3)  The issue is accepted.  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 incidents of unsatisfactory performance.  The Board does not
condone the applicant’s incidents of unsatisfactory performance; however,
determined that the narrative reason for separation is now inequitable.
The Board found that the applicant’s unsatisfactory performance was
mitigated by the overall length and quality of the applicant’s honorable
service.  Accordingly, the Board voted to change to the narrative reason
for separation to Secretarial Authority.  This action entails a change to
the reentry eligibility (RE) code to “1.”  See response to issue (2) above.


        (1)  See Paragraph 3, below.

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 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:  19 November 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
            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:  2004106166                    INDEX NUMBERS:  A0156
Date of Review:  041117                                   A1200
Character of Service:  GD
Date of Discharge:  910705
Authority:  AR 635-200 C13
Reason:  A4900
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