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):  910516

3.  Authority for separation:

      a.  Regulation:  Chapter 10, AR 635-200

      b.  Reason:  For the Good of the Service-In Lieu of Court-Martial

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           AAM
    a.  Period entered for:  4 Years               GCMDL (2)
    b.  Entry date:  860627                        NCOPDR
    c.  Age:  25 Years   DOB:  610614              ASR
    d.  Educational level:  HS Grad                OSR
    e.  Aptitude area score:
          GT:  106                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          3 Years  9 Months  18 Days

                                               4.  Performance evaluations:

                                                   NONE

                         PART III - SERVICE HISTORY
           SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:

    Status       Inclusive dates
      AWOL         900127-910226

      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):

      Service    From  To    Type Discharge
      RA    821019     860626     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  The evidence of record shows that while the applicant was on
authorized ordinary leave from Fort Riley, KS he officially got himself
attached to a unit in Hanau, Germany for the purpose of submitting a
request for compassionate reassignment due to family problems.  His period
of attachment was authorized from 27 December 1989 – 15 January 1990, at
which time the applicant was required to return to his parent unit.  After
failing to return to his parent unit, he was reported absent without leave
(AWOL).  On 26 February 1991, he surrendered to the military authorities at
Hanau, Germany.  He was subsequently transferred to the Personnel Control
Facility at Fort Dix, NJ for further processing.  On 7 March 1991, court-
martial charges were preferred against the applicant for his AWOL from 27
January 1990 – 26 February 1991.  On 7 March 1991, the applicant consulted
with legal counsel and voluntarily requested, in writing, discharge under
the provisions of Chapter l0, AR 635-200 in lieu of trial by court-martial.
 In this request, the applicant admitted guilt to the offense, or a lesser
included offense.  Further, the applicant indicated that he understood that
he could receive an under other than honorable conditions discharge and
that the discharge would have a significant effect on eligibility for
veteran’s benefits.  The applicant indicated he submitted a statement in
his own behalf; however, his statement is not in the available records.
The applicant was placed on indefinite excess leave, effective 7 March
1991, pending completion of his administrative discharge proceeding under
Chapter 10, AR 635-200.  On 26 March 1991, the unit commander recommended
approval of an under other than honorable conditions discharge.  On 29
April 1991, the separation authority approved the discharge with an under
other than honorable conditions discharge and directed the applicant’s
reduction to the lowest enlisted grade.

      b.  On 16 May 1991, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 9 months, and 18 days of
active military service (which included 69 days of excess leave), and
accrued 393 days of lost time in the period under review.  He had a total
of 7 years, 4 months, and 24 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 l0 of that regulation provides, in pertinent part, that a member
who has committed an offense or offenses for which the authorized
punishment includes a punitive discharge may submit a request for a
discharge for the good of the service in lieu of trial by court-martial.
The requests may be submitted at any time after charges have been preferred
and must include the individual’s admission of guilt.  Army policy states
that although an honorable or general discharge is authorized, a discharge
under other than honorable conditions is normally considered appropriate.


                      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 , with -----enclosure(s).
      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 Issue:  (2)  The characterization of service is too harsh.

      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 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.

        (2)  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 infraction of discipline, the extent thereof, and the
seriousness of the offense.  The Board does not condone the applicant’s
misconduct; however, determined that the characterization of service is now
inequitable.  The Board found that the applicant’s misconduct was partially
mitigated by the overall length and quality of his service, family problems
involving his wife’s psychiatric health, and the time that has elapsed
since his discharge.  Accordingly, the Board voted to grant partial relief
in the form of an upgrade of characterization of service to general, under
honorable conditions.  This action entails a restoration of grade to E4.

        (1)  The issue is rejected.  The evidence of record shows the
applicant was charged with the commission of an offense punishable under
the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The
Board noted, after consulting with defense counsel, the applicant
voluntarily, and in writing, requested separation from the Army in lieu of
trial by court-martial.  In doing so, the applicant admitted guilt to the
stipulated or lesser-included offenses under the UCMJ.  The Board was
satisfied that all requirements of law and regulation were met and the
rights of the applicant were fully protected throughout the separation
process.  By his misconduct, the applicant diminished the quality of
service below that meriting a fully honorable discharge.  The Board
determined that the reason for discharge was proper and equitable and voted
not to change it.  See response to issue (2) above.

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                      .

      (   ) Equitable.
      ( X ) Inequitable as to characterization.  Change characterization to
           General, Under Honorable Conditions.
      (   ) 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       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 General, Under
                 Honorable Conditions.
           ( X ) Other (see remarks below).

Remarks:  This action entails a restoration of grade to E4.

                          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:  2004106174                    INDEX NUMBERS:  A9406
Date of Review:  041117                                   A9308
Character of Service:  UD                                 A9218
Date of Discharge:  910516                                A0113
Authority:  AR 635-200 C10
Reason:  A7100
Results of Board Action/
Vote/Affirmation:  GD 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