PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Honorable

2.  Date of discharge (or REFRAD):  011128

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:
                                           AAM (3)
    a.  Period entered for:  4 Years               ASR
    b.  Entry date:  980105                        OSR
    c.  Age:  23 Years   DOB:  740404
    d.  Educational level:  Col Grad
    e.  Aptitude area score:
          GT:  NA                                3.  Highest grade
achieved:
    f.  Length of Service:                         02
          3 Years  10 Months  24 Days

                                               4.  Performance evaluations:

                                                   See OMPF

                         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)
      990907     Wrongfully have sexual intercourse with a married woman,
             not his wife (between 9901 and 9903)(GO Level) (Punishment
             included a
                 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





                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 3 May 2001, a Board of Inquiry
met at Fort Carson, Colorado, and recommended that the applicant be
separated from active service based on misconduct, moral or professional
dereliction with an honorable discharge.  This action was based on the
applicant’s misconduct resulting in a General Officer Article 15 for
engaging in intercourse with a married woman, not his wife, and making a
false official statement.  On 31 August 2001, the applicant was notified of
the board’s decision and given seven (7) days to submit matters in
response.  The applicant submitted a rebuttal.  On 14 September 2001,
having reviewed the applicant’s rebuttal statement, the chain of command
recommended approval of the applicant’s elimination packet with an
honorable discharge and forwarded his elimination case to Commander, U.S.
Total Army Personnel Command (TAPC) for further action.  On 11 October
2000, the Commander, TAPC, notified the applicant to show cause for
retention on active duty under the provisions of Chapter 4, Paragraphs 4-
2b(5) and (8), AR 600-8-24, by reason of misconduct, moral or professional
dereliction.  It appears that the applicant did not submit a response to
Commander, TAPC, and on 24 October 2001, the Chief, Retirements and
Separation Branch, U.S. Army Human Resources Command (HRC), forwarded the
applicant’s elimination case to the Deputy Assistant Secretary (Army Review
Boards), for determination.  On 1 November 2001, Army Board of Review for
Eliminations reviewed the applicant’s case and recommended that the
applicant be eliminated from the Army and issued an honorable discharge.
On 5 November 2001, the Deputy Assistant Secretary (Army Review Boards)
accepted the Board’s recommendation and directed that the applicant be
discharged with a characterization of service of honorable.  Further, 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.  His DD Form 214 indicates that he was discharged under the
provisions of Chapter 4, Paragraph 4-2b, AR 600-8-24 by reason of
unacceptable conduct, with an honorable discharge.

      b.  On 28 November 2001, the applicant was discharged.  At the time
of discharge, the applicant had completed 3 years, 10 months, and 24 days
of active military service in the period under review.

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 040328, with seven (7) 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 6 December
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:  (   ) 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.

        (1)  The issue is rejected.  The Board carefully examined the
applicant’s official record during the period of service 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 evidence of record shows that, based on a
Board of Inquiry, the applicant was notified to show cause for retention on
active duty due to misconduct, moral or professional dereliction.  This
action was based on his having received a General Officer Article 15 for
engaging in sexual intercourse with a married woman, not his wife, and for
conduct unbecoming an officer.  The Army Board of Review for Eliminations
properly reviewed the applicant’s elimination action and recommended him
for separation from the Army based on misconduct, moral or professional
dereliction, with an honorable discharge.  The Deputy Assistant Secretary
(Army Review Boards) accepted the recommendation of the Army Board of
Review for Eliminations, and the applicant was eliminated from the Army
with an honorable discharge.  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 noted
the applicant’s contentions; however, he provided no independent
corroborating evidence demonstrating that the command’s action was
erroneous.  The applicant’s request pertaining to changes in the “Remarks”
Section of his DD Form 214 does not fall within the purview of this Board.
If the applicant desires to pursue this matter he should address it with
the Army Board for Correction of Military Records using the provided
application.  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:  2004106461                    INDEX NUMBERS:  A9217
Date of Review:  041206                                   A9235
Character of Service:  HD                                 A0113
Date of Discharge:  011128
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.      Mbr          X                 X       

    2.      Mbr          X                 X       

    3.      Mbr          X                 X       

    4.      Mbr          X                 X       

    5.      PO           X                 X