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):  040603

3.  Authority for separation:

      a.  Regulation:  Chapter 14, Paragraph 14-12c, AR 635-200

      b.  Reason:  Misconduct

4.  Prior review(s):  Record Review 050218



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations**:
                                           PH                 VSM(4th Awd)
    a.  Period entered for:  NIF*                  AM               GWOTEM
    b.  Entry date:  030116                        ARCOM       GWOTSM
    c.  Age:  52 Years   DOB:  500216              AAM(2nd Awd)     HSM
    d.  Educational level:  HS Grad                ARCAM(6th Awd)   AFRM
    e.  Aptitude area score:                       NDSM(3rd Awd)
    NCOPDRw/Num3
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E7
          1 Year  4 Month(s)  18 Day(s)

                                               4.  Performance evaluations:

                                                   See OMPF

NOTES:
*  Applicant was released from Title 32 active duty and ordered to Title 10
   active duty (order not available) for Operation Iraqi Freedom.  The
   applicant’s last extension/reenlistment in the NYARNG was on 011216 for
   a period of 5 years.

** Awards and decorations (cont.):  ASR, ARCOTR, RVNCMw/60 Device, CIB

                         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:  NONE

      Date  Offense(s)



7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  Applicant completed over 30 years of total military
service.
              Comprehensive dates of service not available in record.
              Total service calculated using DD Form 214.

                       SECTION B - Prior Service Data
                           See #8 Remarks (above)

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 16 January 2003, the applicant
was released from Title 32 active duty (with the NYARNG Counterdrug
Directorate) and ordered to Title 10 active duty for Operation Iraqi
Freedom.  On 31 October 2003, 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
abuse of rank and leadership by sexually harassing female junior enlisted
soldiers under his charge; sexually assaulting by digitally penetrating a
junior enlisted soldier under his charge; and, dereliction of duty during a
time of war while on convoy in Iraq.  He was advised of his rights.  On 22
November 2003, board of officers met; applicant appeared with counsel.  The
board found that the applicant did sexually harass female junior enlisted
soldiers and was derelict in his duty by leaving a convoy; it found he did
not sexually assault a junior enlisted soldier.  The Board recommended
separation with a general, under honorable conditions discharge.  The
separation authority approved the board’s findings and directed his
separation with a general, under honorable conditions discharge.  The
applicant’s DD Form 214 indicates that he was discharged from active duty
and transferred to the NYARNG.  On 18 February 2005, based on equity, the
applicant’s characterization of service was upgraded to honorable by the
Army Discharge Review Board.  The narrative reason for discharge was not
changed.  On 2 May 2005, the applicant was issued a new DD Form 214
reflecting an honorable discharge.

      b.  On 3 June 2004, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 4 months, and 18 days of
active military service under Title 10 in the period under review and had a
total of 31 years,
7 months and 4 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 050323, 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:
         (   ) Records review             ( X ) Hearing

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

      c. Review/hearing location and date:  Washington, D.C. on 3 October
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:  (2)  The narrative reason for separation is
inequitable.

      b.  Request:  (   ) 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)  See Paragraph 3, below.

        (2)  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 the
infractions of discipline, the extent thereof, and the seriousness of the
offenses.  The Board found that based on mitigating circumstances
surrounding the applicant’s discharge, the narrative reason for separation
is now inequitable. Accordingly, the Board voted to grant relief in the
form of a narrative reason change to Secretarial Authority.  This action
includes a change in 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 issue 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.
      (   ) Inequitable as to characterization.  Change characterization to
           _____________________________.
      ( 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       3         2
    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

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 reason and authority for discharge to
            Secretarial Authority, AR 635-200.
           ( X ) Other (see remarks below).

Remarks:  Change RE code to 1.


                          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:  20050009942                   INDEX NUMBERS:  A9456
Date of Review:  051003                                   A1200
Character of Service:  HD                                 A0100
Date of Discharge:  040603
Authority:  AR 635-200 C14
Reason:  A6730
Results of Board Action/
Vote/Affirmation:  MD 3-2-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