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):  020829

3.  Authority for separation:

      a.  Regulation:  Chapter 14, Paragraph 14-12b, 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:
                                           ARCOM
    a.  Period entered for:  3 Years               AAM(2nd Awd)
    b.  Entry date:  990830                        GCMDL
    c.  Age:  34 Years   DOB:  641224              NDSM(2nd Awd)


    d.  Educational level:  HS Grad                ASR


    e.  Aptitude area score:                       OSR(2nd Awd)
          GT:  99                                3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          3 Year(s)  0 Month(s)  0 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)
      011101     Failed to go (010912), (010604), (0106003); dereliction of
                 duty by failing to offer installation decals to authorized
                 persons only (Field Grade)
      010706     Failed to go (010527), (010818) and (010320) (Company
Grade)


7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  The official record contains a Military Police Report
              dated 011001.

                       SECTION B - Prior Service Data


Other discharge(s):

      Service    From  To    Type Discharge
      ARNGUS     840215      861121     Honorable
      USAR(IRR)  861122      870520     N/A
      RA    870521     920115     Honorable
      ARNGUS     920116      990621     Honorable







                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 22 November 2001, 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 an under other than
honorable conditions discharge.  The unit commander indicated that he was
initiating separation proceedings based on the applicant’s numerous
instances of failing to go, dereliction of duty, and uttering worthless
checks.  He was advised of his rights.  The applicant consulted with legal
counsel, was advised of the impact of the discharge action, and requested
appearance before a board of officers.  The intermediate commander reviewed
the proposed discharge action, recommended an honorable discharge, and
forwarded the proposed discharge for board action.  On 7 March 2002, board
of officers met; the applicant appeared with counsel.  The board determined
that misconduct had occurred and recommended discharge with an under other
than honorable conditions discharge.  On 19 July 2002, the separation
authority approved the findings and recommendations of the board,
determined that the applicant’s medical condition was not a direct or a
substantial cause of the conduct that led to the recommendation for
administrative separation, and directed that the applicant be discharged
with a characterization of service of under other than honorable
conditions.  The applicant was reduced to the lowest enlisted grade.

      b.  On 29 August 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years of active military service
in the period under review and had a total of 18 years, 4 months and 17
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 050202, 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 5 October
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:

        Board Issue:  (2)  The characterization of service is improper.

      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 Board determined that the
narrative reason for discharge was fully supported in the record and voted
not to change it.  Army regulations state that the general court-martial
convening authority (GCMCA) may direct that an individual be processed for
separation through the physical disability system when it has been
determined that the individual’s medical condition is the direct or
substantial contributing cause of the conduct that led to the
recommendation for administrative separation.  In the applicant’s case, the
GCMCA determined that his medical condition was not the direct or
substantial cause of his misconduct and directed that he be processed for
administrative separation under the provisions of Chapter 14, AR 635-200,
by reason of misconduct.  The applicant’s request pertaining to changing
his narrative reason for separation to a medical discharge does not fall
within the purview of this Board.  If the applicant desires to pursue this
matter he should address it with the Army Board for Correction of Military
Records using the provided application.  See response to issue (2), below.

        (2)  The issue is accepted.  The Board noted that the applicant was
administratively discharged on his expiration term of service date, i.e.,
29 August 2002.  Army regulations mandate that only an honorable
characterization of service may be awarded to an individual upon completion
of his or her enlistment.  Accordingly, the Board found the
characterization of service improper, and voted to grant relief in the form
of an upgrade of characterization of service to fully honorable.

      b.  Equity:      The applicant has not submitted an issue of equity
                   and the ADRB has not otherwise relied upon an issue of
                   equity to change the discharge.  The major factors upon
                   which the discharge was based are set forth in Parts III
                   and IV of this decisional document.

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       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:  7 October 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 characterization of discharge to Honorable.
           ( X ) Other (see remarks below).

Remarks:  Restore grade to private first class/E-3.


                          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:  20050002624                   INDEX NUMBERS:  A0102
Date of Review:  051005                                   A0302
Character of Service:  UD                                 A9321
Date of Discharge:  020829
Authority:  AR 635-200 C14
Reason:  A6750
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