DEPARTMENT OF THE ARMY
Army Discharge Review Board
1901 South Bell Street
Arlington, VA  22202-4508
29 April 2005


Office of the President







Dear :

	The Army Discharge Review Board reviewed your case and determined that relief is warranted.  The Board has directed the ARBA Support Division, St. Louis, MO, to take action as indicated on the enclosed OSA Form 172, Case Report and Directive.  This document reflects the findings, conclusions, and reasons for the Board's decision.  The official notification of any change to your official military personnel record, including the appropriate documentation, will be mailed to you by the ARBA Support Division.

	If you believe that the decision in your case is unclear, not responsive to the issues raised, or does not otherwise agree with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure 5 of that directive.  You should read Enclosure 5 of that directive before submitting a complaint.  The complaint procedure does not permit you to challenge the merits of the decision, but is designed solely to ensure that the decisional document meets applicable requirements for clarity and responsiveness.  You may obtain a copy of DoD Directive 1332.28 by writing to:  DA Review Boards Agency, Attention:  (Reading Room), The Pentagon, Washington, DC 20310-1809.

	Should you have any questions relating to the documentation implementing the Board's decision, you should contact:  ARBA Support Division, ATTN:  SFMR-RBL-SL, 9700 Page Avenue, St. Louis, Missouri, 63132-5200.

       Sincerely,



       Robert L. House
       Colonel, U.S. Army
       President

Enclosure

MILITARY REVIEW BOARDS
Case Report & Directive

PART I - IDENTIFICATION DATA

NAME:  	ADDRESS:  
                                                    

SSN:   	PHONE:    




COUNSEL:  	ADDRESS:  

	PHONE:    




ALTERNATE PERSON(S) TO BE NOTIFIED:  	ADDRESS:  

RELATIONSHIP:                    	PHONE:    



TYPE REPORT:

   ( X ) Original
   (   ) Addendum




REMARKS
Case Management Data

(   )  Response to other correspondence required upon completion of case.

(   )  DD Form 149 in file.  Send case to ABCMR.


















OSA FORM 172 (REVISED) 22 May 98     Cover Sheet
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):  970925

3.  Authority for separation:

	a.  Regulation:  Chapter 14, AR 635-200

	b.  Reason:  Misconduct

4.  Prior review(s):  NONE



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          ASR                       
a.  Period entered for: 3 Years               
b.  Entry date: 961002                               
c.  Age: 20 Years   DOB: 760419                                                 
d.  Educational level:  HS Grad                                                 
e.  Aptitude area score:
	    GT: 95                                 3.  Highest grade achieved:
    f.  Length of Service:                         E2
         0 Year(s)  11 Month(s)  24 Day(s)                                  
                                                           
                                               4.  Performance evaluations:  
                                                   NONE
                                                 

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)
	970711	Failing to go to his appointed place of duty, (970619); disrespectful in language toward a SGT, two specifications; (970619); (970619) and with intent to deceive made an official statement to a SGT which was false (970617) (Field grade).


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 24 July 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of a serious offense, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 15 September 1997, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.  

	b.  On 25 September 1997, the applicant was discharged.  At the time of discharge, the applicant had completed 11 months, and 24 days of active military service.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter l4 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.


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 050106, with two (2) enclosure(s).
	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:  Chicago, IL on 20 April 2005.  

	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:  (3)  The discharge is inequitable.

	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 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.

        (1-2)  See Paragraph 3, below.  

        (3)  The issue is accepted.  The Board carefully examined the applicant’s record of service during the period of enlistment under review and heard his testimony.  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 discharge is now inequitable.  The Board found that the overall length and quality of the applicant’s service; the minor nature of the offense and his post service accomplishments mitigated the misconduct in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action entails a change to the reentry eligibility (RE) code to “1.”  

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 issues are 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.
	( X )	Inequitable as to reason.  Change reason to Secretarial Authority
		under Chapter 5, AR 635-200.
	(   )	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       5         0  
    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	

                          	
                                
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  29 April 2005  

     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 the characterization of discharge to Honorable.
           ( X )	Change reason and authority for discharge to Secretarial Authority, under Chapter 5, AR 635-200.
           ( X )	Other (see remarks below).

Remarks:   This action entails a change to the reentry eligibility (RE) code to “1.”


SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:


   
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:  20050000684                   INDEX NUMBERS:  A9456
Date of Review:  050420                                   A1200
Character of Service:  GD                                 A9218
Date of Discharge:  970925                                A9222
Authority:  AR 635-200 C13                                A9236
Reason:  A6730                                            A0100
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                 






		CASE NO:  AR20050000684


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		CASE NO:  AR20050000684


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OSA FORM 172 (REVISED) 22 May 98  Page