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):  031201

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 (2)
    a.  Period entered for:  5 Years               NDSM
    b.  Entry date:  000527                        ASR
    c.  Age:  21 Years   DOB:  780707              NATO Medal (Kosovo)
    d.  Educational level:  Col Grad
    e.  Aptitude area score:
          GT:  NA                                3.  Highest grade
achieved:
    f.  Length of Service:                         02
          3 Years  6 Months  5 Days

                                               4.  Performance evaluations:

                                                   NONE
                                                   See OMPF (fiche)
                         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)

      Memorandum of Reprimand:

      Date  Offense(s)
      020403     Accessing pornography and graphics of an immoral nature on
the
              internet and then downloading some of the images to his
              government computer’s hard drive (between 020201 and 020313).

              He also saved the pornographic web sites to his “favorites”
list
              on the Microsoft Internet Explorer. (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 30 May 2003, the Commander, U.S.
Total Army Personnel Command (TAPC), initiated elimination action on the
applicant under the provisions of Chapter 4, Paragraphs 4-2b(5) and (8), AR
600-8-24, by reason of misconduct, moral or professional dereliction, with
a characterization of service of general, under honorable conditions.  The
basis for the elimination action was for act of personal misconduct as
substantiated by a General Officer Memorandum of Reprimand that the
applicant acknowledged receipt of on 3 April 2002 and conduct unbecoming an
officer.  On 15 July 2003, after consulting with legal counsel, the
applicant voluntarily tendered his resignation in lieu of further
elimination proceedings.  On 17 July 2003, he submitted a statement on his
own behalf.  On 15 September 2003, the installation Commanding General
recommended approval of the applicant’s request for resignation, with a
general, under honorable conditions discharge.  On 16 October 2003, the
Chief, Retirements and Separation Branch, U.S. Army Human Resources Command
(HRC), forwarded the applicant’s resignation case to the Deputy Assistant
Secretary (Army Review Boards), for determination.  The Department of the
Army Ad Hoc Review Board reviewed the applicant’s case.  On 30 October
2003, 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 1 December 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 6 months, and 5 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 040121, with fifteen (15) 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 27 October
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 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 evidence of record does not
support the applicant’s contentions and the applicant has provided no
independent corroborating evidence in support of his contentions.  Further,
the Board noted that when the applicant acknowledged receipt of his
memorandum of reprimand he elected not to submit any matters on his own
behalf relative to the misconduct in question.  That memorandum of
reprimand formed the basis for the FY03 Captain Army Promotion Board to non-
select the applicant for promotion to Captain and initiation of elimination
proceedings for unacceptable conduct.  The applicant was asked to show
cause for retention on active duty under the provisions of AR 600-8-24,
paragraphs 4-2b(5) and (8) because of misconduct, moral or professional
dereliction or face elimination proceedings.  Subsequently, the applicant
tendered his resignation in lieu of elimination proceedings.  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 found no evidence of arbitrary or capricious action on
the part of the applicant’s chain of command.  See response to issue (2)
below.

      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 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 inequitable.  The Board
found that the applicant’s misconduct was mitigated by service of
sufficient merit to warrant an upgrade of the characterization of service.
Accordingly, the Board voted to grant partial relief in the form of an
upgrade of characterization of service to honorable.  The Board determined
that the reason for discharge was both proper and equitable and voted not
to change it.

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
           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       0         5
    Characterization       4         1

        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:  29 October 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:  2004103667                    INDEX NUMBERS:  A9406
Date of Review:  041027                                   A9218
Character of Service:  GD                                 A0113
Date of Discharge:  031201
Authority:  AR 600-8-24 C4
Reason:  A8000
Results of Board Action/
Vote/Affirmation:  HD 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