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):  021223

3.  Authority for separation:

      a.  Regulation:  Chapter 4, Paragraph 4-2b, 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:
                                           NDSM
    a.  Period entered for:  4 Years
    b.  Entry date:  020125
    c.  Age:  27 Years   DOB:  740716
    d.  Educational level:  Col Grad
    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         02
          0 Years  10 Months  29 Days

                                               4.  Performance evaluations:

                                                   NIF

                         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)
      020624     Violated a lawful general regulation by wrongfully
             participating in an extremist organization activity (020504);
             Violated a lawful general order by wrongfully participating in
             an extremist organization activity (020504); Presented a false
             and fraudulent travel advance claim (020204); Presented a
             false travel voucher claim, 5 specifications (020219, 020326,
             020405, 020429, 020603); Presented a false receipt for travel
             voucher claim, 3 specification (020219, 020326, 020405);
             Wrongfully and dishonorably entered into an extended housing
             lease agreement (2 specifications (020124, 020215);

_______________________________
      Memorandum of Reprimand:

      Date  Offense(s)
      020722     Same offenses as above (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
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge
      USAR  980530     020124     NA
      (concurrent service)

                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 5 August 2002, the Commander,
U.S. Army Transportation Center, Fort Eustis, VA initiated elimination
action on the applicant under the provisions of Chapter 4, Paragraphs 4-
2b(1),(4),(5),(7), and (8) AR 600-8-24, by reason of misconduct, moral or
professional dereliction.  The commander referred the case to a Board of
Inquiry to make recommendations on the applicant’s characterization of
service.  The bases for the elimination action were: administration of an
Article 15 for misconduct; dereliction in the performance of his duties by
willfully violating a lawful general regulation and order; preparing and
presenting for payment false travel vouchers and receipts; failure to pay
just debts; wrongfully and dishonorably entering into an extended housing
lease agreement; and, overall conduct unbecoming an officer.  On 19 August
2002, the applicant acknowledged notification of the elimination action.
On 15 October 2002, after consulting with legal counsel, the applicant
voluntarily tendered his resignation in lieu of further elimination
proceedings and waived his rights to appear before a board of officers
contingent upon receiving a characterization of service or description of
separation no less favorable than a general, under honorable conditions.
On 24 October 2002, the Acting Commander recommended approval with a
general, under honorable conditions discharge.  On 5 November 2002, the
Chief, Retirements and Separation Branch, U.S. TAPC, forwarded the
applicant’s resignation case to the Deputy Assistant Secretary, Review
Boards Agency, for determination.  The Department of the Army Ad Hoc Review
Board reviewed the applicant’s case.  On 22 November 2002, the Deputy
Assistant Secretary (Army Review Boards) accepted the applicant’s
resignation and directed that he be separated with a general, under
honorable conditions discharge.

      b.  On 23 December 2002, the applicant was discharged.  At the time
of discharge, the applicant had completed 10 months and 29 days of active
military service in the period under review and had a total of 4 years, 6
months, and 24 days of total military service.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 600-8-24
sets forth the basic authority for Officer transfers and discharges.
Chapter 4 outlines the policy and procedure for eliminating officers in 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 040329, 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:
         (   ) Records review             ( X ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 9 August
2004.

      d. Appearance by:
         Applicant                 ( X ) Yes   (   ) No
         Counsel                   ( X ) Yes   (   ) No

      e.  Applicant testified:     ( X ) Yes   (   ) No

      f.  Counsel presentation:    ( X ) Yes   (   ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  56 documents.
                        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 examined the
applicant’s official record during the period of service under review and
heard his testimony.  There was a full consideration of all faithful and
honorable service as well as the infractions of discipline, the extent
thereof, and the seriousness of the offenses.  The Board noted the
applicant’s contentions; however, did not find said contentions
sufficiently mitigating to warrant an upgrade of the discharge under
review.  The Board concluded that the discrediting entries in the
applicant's record were not outweighed by prior or subsequent service of
sufficient merit to warrant an upgrade of the discharge being reviewed.
The Board found no evidence of arbitrary or capricious actions by the
command.  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.  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       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

                          
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:  2004106438                    INDEX NUMBERS:  A9217
Date of Review:  040809                                   A9235
Character of Service:  GD                                 A0113
Date of Discharge:  021223
Authority:  AR 600-8-24 C4
Reason:  A8000
Results of Board Action/
Vote/Affirmation:  NC 5-0 A













                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1. COL OUJIRI, TIMON M.  Mbr          X                 X       

    2.      Mbr          X                 X       

    3.      Mbr          X                 X       

    4.      Mbr          X                 X       

    5.      PO           X                 X