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):  851002

3.  Authority for separation:

	a.  Regulation:  Chapter 5, AR 635-120

	b.  Reason:  Conduct Triable by Court-Martial

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          ASR                        
a.  Period entered for:  Indef                 OSR
b.  Entry date:  810510                        
c.  Age:  29 Years   DOB:  520216                                          
d.  Educational level:  Col Grad                                                
e.  Aptitude area score:
	    GT:  133                               3.  Highest grade achieved:
    f.  Length of Service:                         O2
          4 Year(s)  4 Month(s)  23 Day(s)                                  
                                                           
                                               4.  Performance evaluations:  
                                                   See OMPF

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)
	841108    Wrongfully, dishonorably, and without authorization, prepare a false recommendation for award of the ARCOM in your own behalf (840823)
	850430    Escort a female on to a military installation and accompanied her to the assigned room of CPT, where in the presence of you and CPT, marijuana was smoked by an occupant, thereby resulting in MP intervention and your apprehension (850104)
	____________________________________
	850430    Letter of reprimand – while in assigned quarters of CPT, you knowingly allowed your civilian guest to smoke marijuana (850104)

7.  Court-Martial data:  NONE

	a.  SCM:  
		Date   Offense(s)

	b.  SPCM:  
		Date   Offense(s)

	c.  GCM:	 
		Date   Offense(s)

8.	Remarks:  NONE

SECTION B - Prior Service Data

Other discharge(s):

	Service	From	To	Type Discharge
	RA            760817    790816        HD

PART IV - PREHEARING REVIEW

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

	a.  The evidence of record shows that on 6 May 1985, the applicant was charged with unlawfully striking a SPC (850427).  On 12 September 1985, the unit commander approved the applicant’s request for resignation in lieu of trial by court-martial.  On 17 September 1985, the appropriate authority approved the resignation of the applicant.  On 25 September 1985, PERSCOM approved the applicant’s request for resignation under the provisions of Chapter 5, AR 635-120 for the good of the service with the issuance of an under other than honorable conditions discharge.

	b.  On 2 October 1985, the applicant was discharged.  He was credited with 
4 years, 4 months, and 23 on the period of service under review.  

2.  Legal/Regulatory Basis for Separation Action:  Army regulation 635-120, in effect at the time, prescribed the procedures for the resignation of USAR commissioned officers on active duty.  Chapter 5 allowed for an officer to submit a resignation for the good of the Service (RFGOS) in lieu of court-martial.  An officer separated under this paragraph normally receives characterization of service of general, under honorable conditions or under other than honorable conditions.

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 980925.
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE
	C-1:  DD Form 149, dated 000424.

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, DC on 12 July 2000.

	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), (3), and (4)  The issues are rejected.  The Board carefully examined the applicant’s record of service during the period under review.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The evidence of record shows that the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice with a punitive discharge.  The applicant voluntarily requested resignation for the good of the service in lieu of trial by general court-martial under the provisions of Chapter 5, AR 635-120.  The appropriate authority approved the applicant's request and issuance of an under other than honorable discharge.  The Board concluded that by his misconduct, the applicant diminished the overall quality of his service below that meriting a general or a fully honorable discharge.  The Board noted the applicant’s contention that he had moved on to a successful life after the Army, however, in review of the applicant’s entire service record, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

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	

Ms. McKim-Spilker                                                       
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

WILSON A. SHATZER
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

EARNEST C. SMITH, JR.    
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:  2000043606                    INDEX NUMBERS:  A9217
Date of Review:  000712                                   A9235
Character of Service:  UD                                 A9309
Date of Discharge:  851002                                A9221
Authority:  AR 635-120 C5                                 A0100
Reason:  A8000                                            
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