Application Receipt Date: 051229

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change

Issues: See DD Form 293

II.  Were Proper Discharge and Separation Authority procedures followed?
Yes    No        Tender Offer:        

See Attachments:  Legal     Medical     Minority Opinion     Exhibits

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: NIF
Discharge Received:     Date: 980709
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location:

Time Lost: AWOL, for a total of 4 days, from (971117-971120) and confined
by the military authorities for 30 days, as a result of the summary court-
martial, from (980423-980522)

Article 15s (Charges/Dates/Punishment): 970131, wrongfully have sexual
intercourse with a married woman, not his wife, on or about (961001-
961031); (Company Grade)

The suspension of the punishment of reduction to E1, and forfeiture of
$210.00 per month for 1 month imposed on (970131) was vacated, effective
(970320) based on the applicant's offense of failing to go to his appointed
place of duty on (970227)

2nd Article 15, 971215, AWOL, from (971117-971121); (Company Grade)

Court-Martials (Charges/Dates/Punishment): 980429, Summary Court-Martial
for failing to repair x 6, (971222); (971221); (971220); (971217);
(971215); (971014).  He was sentenced to confinement for thirty (30) days.


Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  770706
Current ENL Date: 960125    Current ENL Term: 3 Years       
Current ENL Service: 2 Yrs, 4 Mos, 11 Days      
Total Service:  2 Yrs, 4 Mos, 11 Days      
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No
MOS: 19D10 Cavalry Scout   GT: 104   EDU: HS Grad   Overseas: None
Combat: None
Decorations/Awards: ASR
V.  Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: See DD Form 293

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 4 June 1998, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of
a serious offense (Summary Court-Martial on six charges of failure to
report, Company Grade Article 15 for adultery, supplementary punishment for
failure to report, and another Company Grade Article 15 for being absent
without leave), 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 24 June 1998, the separation authority
directed that the applicant be discharged with a characterization of
service of general, under honorable conditions.











      b.  Legal Basis for Separation:
      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,
and 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.

      c.  Response to Issues, Recommendation and Rationale:
      After a careful review of all the applicant’s military records, the
discharge is improper.  The analyst noted that the unit commander used
“Board Procedures” when notifying the applicant that he was initiating
action to separate him under the provisions of Chapter 14, AR 635-200, by
reason of misconduct.  By using “Board Procedures” the authority for
approval of the applicant’s separation rested with the General Court-
Martial Convening Authority.  The evidence of record shows that someone
other than the General Court-Martial Convening Authority approved the
applicant’s discharge.  In view of the foregoing, the discharge was
improper.  Accordingly, full 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 is recommended to
the Board.  This action does not entail a change to the reentry eligibility
(RE) code; however, the Board can consider it.































VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 1 November 2006
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: N/A

Witnesses/Observers: N/A

Exhibits Submitted: N/A



VIII.  Board Decision
The discharge was:                Proper           Improper
                                             Equitable        Inequitable

The characterization of service was:   Proper            Improper
                                             Equitable        Inequitable

The narrative reasons were:             Equitable        Inequitable

DRB voting record:                      Change     No change    (Character)
                                        Change     No change    (Reason)
                                   (Board member names available upon
request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the
period of enlistment under review and considering the analyst’s
recommendation and rationale, the Board determined that the discharge was
and is improper.  Accordingly, the Board voted to grant full 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 does not entail a change to the reentry eligibility
(RE) code.






















Case report reviewed and verified by: Mr. Ron Williams, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: Secretarial Authority under Chapter 5, AR 635-200
Other: None
RE Code:
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority:

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

Official:


ESMERALDA G. PROCTOR         DATE: 3 November 2006
Colonel, U.S. Army
Chief, Secretary Recorder