PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Bad Conduct Discharge

2.  Date of discharge (or REFRAD):  910729

3.  Authority for separation:

      a.  Regulation:  Chapter 3, AR 635-200

      b.  Reason:  As a Result of Court-Martial-Other

4.  Prior review(s):  Records Review 931001



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ASR
    a.  Period entered for:  4 Years
    b.  Entry date:  871022
    c.  Age:  29 Years   DOB:  580206


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  100                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          3 Year(s)  8 Month(s)  2 Day(s)

                                               4.  Performance evaluations:

                                                   NONE

                         PART III - SERVICE HISTORY
           SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:

    Status       Inclusive dates
      AWOL

      Mil conf     900827-901002

      Civil conf

      Other


6.  Nonjudicial punishment:

      Date  Offense(s)
      900116     Disrespect to SGT (891130); DOLO from SGT (891130)
                 (Company Grade)

7.  Court-Martial data:

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)
            900827 DOLO, two specifications (900510); disrespectful in
                  language to NCO (900511); failed to go, three
                  specifications (90-511), (900424) and (900418)

      c.  GCM:
            Date   Offense(s)


8.    Remarks:  NONE


                       SECTION B - Prior Service Data


Other discharge(s):

      Service    From  To    Type Discharge
      RA    770714     800713     Honorable
      USAR  800714     830627     N/A
      USAR  850809     851004     N/A
      USAR(ADT)  851005      851129     Honorable
      USAR  851130     860921     N/A
      USAR  860922     870831     N/A





                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 27 August 1991, the applicant
was found guilty by a Special Court-Martial of DOLO, two specifications;
disrespect towards an NCO; and failing to go, three specifications.  He was
sentenced to be confinement for 45 days, forfeiture of $482 pay per month
for two months, reduction to private/E-1, and to be discharged with a Bad
Conduct Discharge.  The applicant served his sentence from 27 August 1990
until 2 October 1990.  On 4 October 1990, the applicant was placed on
excess leave pending the affirmation and execution of the Bad Conduct
Discharge.  On 5 October 1990, the sentence was approved.  The record of
trial was forwarded to The Judge Advocate General of The Army for review by
the Court of Military Review.  On 25 February 1991, the United States Army
Court of Military Review affirmed the approved findings of guilty and the
sentence.  On 3 July 1991, the portion of the sentence pertaining to the
Bad Conduct Discharge was affirmed by the Court of Military Review pursuant
to Article 71c, and was ordered executed.

      b.  On 29 July 1991, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 8 months, and 2 days of
active military service and accrued 37 days of lost time due to military
confinement in the period under review and had a total of 11 years, 8
months and 7 days of 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 3, Section IV, establishes policy and procedures for separating
members with a dishonorable or bad conduct discharge; and provides that a
soldier will be given a bad conduct discharge pursuant only to an approved
sentence of a general or special court-martial; and that the appellate
review must be completed and the affirmed sentence ordered duly executed.




                      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 050607, with one (1) 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:  Washington, D.C. on 7 November
2005.

      d. Appearance by:
         Applicant                 ( X ) Yes   (   ) No
         Counsel                   ( X ) Yes   (   ) 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:  (4)  Clemency is warranted.

      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.


        (1-3)  See Paragraph 3, below.

        (4)  The issue is accepted.  The Board carefully reviewed the
applicant’s military record and post service accomplishments and found that
clemency was warranted.  Accordingly, the Board voted to upgrade the
applicant’s characterization of service to fully honorable.  A change in
the reason for discharge is not authorized under Federal statute.

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 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       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:  14 November 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.


                          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:  20050008573                   INDEX NUMBERS:  A9106
Date of Review:  051107                                   A0100
Character of Service:  UD
Date of Discharge:  910729
Authority:  AR 635-200 C3
Reason:  A6800
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