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):  891103

3.  Authority for separation:

      a.  Regulation:  Chapter 5, AR 635-120

      b.  Reason:  Conduct Triable 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:
                                           ARCOM (2)     NCOPDR-2
    a.  Period entered for:  4 Years               AAM
    b.  Entry date:  880129                        ASR
    c.  Age:  32 Years   DOB:  550616              OSR (3)
    d.  Educational level:  Col Grad               NDSM
    e.  Aptitude area score:
          GT:  115                               3.  Highest grade
achieved:
    f.  Length of Service:                         W1
          1 Year  9 Months  5 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:  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    740626     880128     Honorable
       (The records do not provide the separate immediate reenlistment
       periods)


                         PART IV - PREHEARING REVIEW

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

      a.  The evidence of record shows that on 23 June 1989, the applicant
was charged with larceny of military property, 10 specifications (between
890101 and 890531) and without authority, wrongfully disposing of military
property (during the month of 8901).  On 26 June 1989, an Article 32
investigation was ordered to investigate the charges against the applicant.
 On 20 July 1989, the final Article 32 report recommended that two
specifications of larceny be dismissed and six others be changed to read
wrongful appropriation and that the charge for wrongfully disposing of
military property be dismissed.  On 24 July 1989, the applicant voluntarily
tendered his resignation from the Army for the good of the service under
the provisions of Chapter 5, AR 635-120.  On 28 July 1989, the unit
commander reviewed the proposed discharge action and recommended approval
with an honorable discharge.  The intermediate commanders recommended
issuance of an under other than honorable conditions discharge.  On 12
September 1989, Personnel Management 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 6 October 1989, 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 3 November 1989, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 9 months, and 5 days of
active military service in the period under review and had 14 years, 11
months, and 12 days of total military service.

2.  Legal/Regulatory Basis for Separation Action:  Army regulation 635-120,
in effect at the time, prescribed the procedures for the resignation of
USAR commission officers on active duty.  Chapter 5 allowed for an officer
to submit a resignation for the good of the service (RFGOS) in lieu of
court-martial.  An officer separated under this paragraph normally receives
characterization of service of general, under honorable conditions or under
other than honorable conditions.


                      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 040406, with five (5) 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                   (   ) Yes   ( X ) No

      e.  Applicant testified:     ( X ) Yes   (   ) 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     (   ) 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 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.  Although the Board does not
condone the applicant’s misconduct, it determined that he had service of
sufficient merit to mitigate the characterization of service granted.
Further, given the time elapsed since the applicant’s discharge, and his
post-service accomplishments, the Board found that the characterization of
service granted is now inequitable.  Accordingly, the Board voted to grant
relief in the form of an upgrade of characterization of service to fully
honorable.  Further, the applicant’s request for a change in RE code is not
relevant to the applicant’s separation.  The Board found that the reason
for discharge was both proper and equitable, and voted not to change it.

        (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:

      ( 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
           Honorable.
      (   ) 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       1         4
    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

                          
Ms. McKim-Spilker
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  13 August 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.

                          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:  2003106758                    INDEX NUMBERS:  A9406
Date of Review:  040809                                   A9218
Character of Service:  GD                                 A9222
Date of Discharge:  891103                                A0100
Authority:  AR 635-120 C5
Reason:  A8000
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