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):  030519

3.  Authority for separation:

      a.  Regulation:  Chapter 10, AR 635-200

      b.  Reason:  In Lieu of Trial by 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:
                                           NDSM
    a.  Period entered for:  3 Years               ASR
    b.  Entry date:  001017
    c.  Age:  22 Years   DOB:  790831
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  110                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          2 Years  4 Months  8 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         021110-021112
                 030101-030127
                 030210-030408

      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:

      Date  Offense(s)
      021210     AWOL (021110-021112)(Summarized Company Grade)


7.  Court-Martial data:  NONE

      a.  SCM:
            Date       Offense(s)


      b.  SPCM:
            Date       Offense(s)


      c.  GCM:
            Date       Offense(s)
            020718     Unlawfully struck a SPC in the face with his closed
                 fist (020319); Unlawfully bit a SPC on the ear with his
                 teeth (020319)

8.    Remarks:  NONE


                       SECTION B - Prior Service Data

Other discharge(s):

      Service    From  To    Type Discharge
      ARNGUS     000106      000209     NA
      ADT   000210     000617     Uncharacterized
      ARNGUS     000618      001016     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  The evidence of record shows that on 19 August 2002, the
applicant, without authority, failed to go at the time prescribed to his
appointed place of duty.  He was also reported AWOL from 10-12 November
2002 and from 1-27 January 2003.  On 10 February 2003, he again departed
AWOL and was subsequently DFR’d on 12 Mar 2003.  On 8 April 2003, the
applicant surrendered to his parent unit at Fort Hood, Texas.  On 8 April
2003, as a result of his failure to be at his appointed place of duty and
three counts of absent without leave, he was placed in pre-trial
confinement.  On 14 April 2003, the applicant was charged with the cited
offenses.  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
did not submit a statement in his own behalf.  On 24 April 2003, the
separation authority approved the discharge with an under other than
honorable conditions discharge.

      b.  On 19 May 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years, 4 months, and 8 days of
active military service and accrued 85 days of lost time in the period
under review.

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 040330, 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 21 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:  ( 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 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 infractions of discipline, the extent thereof, and the
seriousness of the offenses.  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.  It also
noted that the characterization of service for this type of discharge is
normally under other than honorable conditions and that the applicant was
aware of that prior to requesting discharge.  The Board noted the
applicant’s contentions; however, the Board found no evidence of arbitrary
or capricious action on the part of the applicant’s chain of command.  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

                          
MR. RIVERA
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:  2004106745                    INDEX NUMBERS:  A9411
Date of Review:  041221                                   A9235
Character of Service:  UD                                 A0113
Date of Discharge:  030519
Authority:  AR 635-200 C10
Reason:  A7100
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