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


Office of the President



      After careful review of your application, military records and all
other available evidence, the Army Discharge Review Board determined that
you were properly and equitably discharged.  Accordingly, your request for
a change in the character and/or reason of your discharge is denied.

      You may reapply to the Army Discharge Review Board for a personal
appearance hearing and/or you may apply to the Army Board for Correction of
Military Records.  Enclosed are the necessary applications for requesting a
review from both boards.  If you choose to apply to the Army Board for
Correction of Military Records you must do so within three years from the
date of this letter.

      Be advised that the Army Discharge Review Board operates on a 15-year
statute of limitations from the date of discharge; therefore, you must
reapply within this time frame for a hearing.

      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.  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:  Army Review Board Agency, Attention:
(Reading Room), The Pentagon, Washington, DC 20310-1809.

                                  Sincerely,




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

Enclosure


                           MILITARY REVIEW BOARDS

                           Case Report & Directive


                        PART I - IDENTIFICATION DATA

NAME:


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:  Honorable

2.  Date of discharge (or REFRAD):  031130

3.  Authority for separation:

      a.  Regulation:  Chapter 4, AR 635-200

      b.  Reason:  Completion of Required Active Service

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           AAM(2nd Awd)  ASR
    a.  Period entered for:  6 Years*              GCMDL       OSR
    b.  Entry date:  021109                        ARCAM(2nd Awd)
    c.  Age:  38 Years   DOB:  640117              NDSM


    d.  Educational level:  HS Grad                AFRMw/MDev


    e.  Aptitude area score:                       NCOPDRw/Num2
          GT:  104                               3.  Highest grade
achieved:
    f.  Length of Service:                         E7
          1 Year  0 Month(s)  22 Day(s)

                                               4.  Performance evaluations:

                                                   See OMPF

*NOTE:  Applicant was a member of the USAR ordered to active duty in
support of
        Noble Eagle.  Date of enlistment contract – 010304 for a period of
6
        years.
                         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)
      031007     Failed to obey lawful general regulation by wrongfully
                 failing to pay wife spousal support for 9 months;
             wrongfully
                 place your profile soliciting for oral sodomy on website
                 (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


Other discharge(s):

      Service    From  To    Type Discharge
      RA    840907     890126     Honorable (REFRAD-IRR)
      USAR(CG)   890127      920906     Honorable
      USAR  950425     010303     Honorable







                         PART IV - PREHEARING REVIEW

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

      a.  On 4 March 2001, the applicant enlisted in the Army Reserve for a
period of 6 years.  On 9 November 2002, the applicant was ordered to active
duty in support of Operation Noble Eagle.  On 7 October 2003, the applicant
accepted nonjudicial punishment for failing to pay spousal support for nine
months and soliciting oral sodomy by placing his profile on a website.  His
punishment consisted of an oral reprimand and a forfeiture of $1533 pay per
month for two months (suspended if not vacated before 040407.)  On 22
October 2003, the unit commander initiated action to remove the applicant
from active duty prior to unit demobilization.  The intermediate commander
deemed the applicant unsuitable for continuation on active duty and
recommended the applicant be removed from active duty.  On 29 October 2003,
the separation authority approved the applicant’s release from active duty.
 The official 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 released from active duty under the provisions of Chapter 4, AR 635-
200 by reason of expiration term of service, with an honorable discharge.

      b.  On 30 November 2003, the applicant was released from active duty
and returned to parent unit.  At the time of release, the applicant had
completed 1 year and 22 days active duty in the period under review.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200,
in effect at the time, set forth the basic authority for separation of
enlisted personnel.  Chapter 4 of that regulation provided, in pertinent
part, for the separation of individuals at ETS.  An individual released by
reason of ETS could receive a UNCHAR or an HD depending on his/her record
of service.




                      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 050223, with multiple 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:
         ( X ) Records review             (   ) Hearing

      b. Type Held:
         ( X )Records review              (   ) Hearing
                                          (   ) Tender Offer

      c. Review/hearing location and date:  Washington, D.C. on 20 December
2005.

      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 official record shows that the applicant
was removed from active duty after receiving nonjudicial punishment for
failing to pay spousal support and soliciting for oral sodomy by placing
his name on a website.  The applicant’s chain of command determined that it
was in the best interest of the command to remove the applicant from active
duty and return him to his parent unit.  He was honorably discharged under
the provisions of Chapter 4, AR 635-200 by reason of completion of required
service.  The Board noted the applicant’s contentions; however, his
contentions relate to evidentiary and procedural matters which should have
been raised and conclusively adjudicated at the time of his.  Further this
Board is not empowered to remove an Article 15 from the official record,
nor reinstate the applicant on active duty.  If the applicant desires to
pursue these matters he should address them with the Army Board for
Correction of Military Records using the provided application.
The Board, being convinced that the reason for release from active duty 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:




ESMERALDA G. PROCTOR
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:  20050003312                   INDEX NUMBERS:  A9217
Date of Review:  051220                                   A9445
Character of Service:  HD
Date of Discharge:  031130
Authority:  AR 635-200 C4
Reason:  A0300
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