PART II - APPLICATION DATA

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

1.  Character of Discharge:  GD

2.  Date of discharge (or REFRAD):  930312

3.  Authority for separation:

	a.  Regulation:  Chapter 14, AR 635-200

	b.  Reason:  Misconduct-Pattern of Misconduct

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          NDSM                       
a.  Period entered for:  4 Years               ASR
b.  Entry date:  890831                        
c.  Age:  18 Years   DOB:  701218                                          
d.  Educational level:  HS Grad                                                 
e.  Aptitude area score:
	    GT:  109                               3.  Highest grade achieved:
    f.  Length of Service:                         E2
        2 Years  7 Months  22 Days                 
                                                   
                                               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         910123-910319                        

	Mil conf     910530-911212                         

	Civil conf                                                         

	Other                                                              

6.  Nonjudicial punishment:  NONE

	Date 	Offense(s)

7.  Court-Martial data: 

	a.  SCM:  
		Date   Offense(s)

	b.  SPCM:  
		Date   Offense(s)

	c.  GCM:	 
		Date      Offense(s)
		910530    AWOL (910123-910319); stealing personal checks, from PFC between (901001 and 901031); defraud, falsely make certain checks, eleven specifications (901031 through 901129); assault upon a female, between (901231 and 910201); wrongfully have sexual intercourse with a female, a married woman, not his wife, between (901031 and 910101); wrongfully communicate threats to hurt a female and her son between (910101 and 910228)

8.	Remarks:  Bar to Reenlistment (901228)

SECTION B - Prior Service Data
NONE

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 12 December 1992, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—pattern of misconduct, with a recommendation for a general, under honorable conditions discharge (GD).  The applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement in his own behalf.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a GD.  On 9 March 1993, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a GD.  

	b.  On 12 March 1993, the applicant was discharged with a GD.  At the time of discharge, the applicant had completed 2 years, 7 months, and 22 days of active military service and had accrued 252 days of time lost due to AWOL and confinement.

	c.  The applicant’s records show that he completed over 2 and ½ years of service and that highest rank he attained was private/E-2.  There are no documented acts of valor, significant achievement, or service warranting special recognition contained in the record.  There is a record of serious misconduct documented in the record.  On 30 May 1991 the applicant was tried and convicted by general court-martial of violation of Article 86, AWOL from 23 January to 
19 March 1991; Article 121 for stealing the personal checks of another soldier; Article 123, 11 specifications of fraudulently writing checks; Article 128, for wrongfully assaulting a female soldier; Article 134, wrongfully having sexual intercourse, and wrongfully communicating a threat.  His approved sentence included confinement for 26 months, forfeiture $500.00 per month for 26 months, and a bad conduct discharge which was suspended for one year, at which time unless sooner vacated, that portion of the sentence would be remitted.  Upon completion of his confinement, the applicant was processed for a chapter 14 by his unit commander.  The separation action was the result of the unit commander’s determination that the applicant would be unable to participate in further training, and did not possess the potential for further advancement or 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 990413.
	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 2 June 1999.

	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), (2), and (4)  The issues are rejected.  The Board noted the applicant’s contentions that, in effect, he has accepted full responsibility for his mistakes and has taken full advantage of the rehabilitation programs provided him while an inmate; that he made full restitution for the checks he stole; and that he has paid sufficiently for his mistakes with his incarceration and restitution.  However, after carefully examining the applicant’s record of service for the period of enlistment under review, the Board determined that these factors do not mitigate the applicant’s misconduct sufficiently to warrant relief.  The applicant provided no independent corroborating evidence demonstrating that the command's action was erroneous, and his misconduct clearly diminished the quality of his service below that meriting a fully honorable discharge.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

        (3)  The issue is rejected.  The Board noted the applicant’s contention that, in effect, his discharge has unjustly punished him by denying him veterans education benefits and hindering his ability to gain better employment.  However, in review of the applicant’s entire service record, the Board found that these factors did not overcome the reason for discharge and characterization of service granted.  Eligibility for veteran's benefits, to include educational benefits under the Montgomery GI Bill, does not fall within the purview of the Army Discharge Review Board, the applicant should contact a local office of the Department of Veterans Affairs for further assistance in this area.  Finally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.

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
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  NONE  

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

MR. ADRIANCE                           
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SUZANNE WALKER    
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:  1999025731                    INDEX NUMBERS:  A9217
Date of Review:  990602                                   A9221
Character of Service:  GD                                 A9445
Date of Discharge:  930312                                A0100
Authority:  AR 635-200 C14                                
Reason:  A6700                                            
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