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):  901212

3.  Authority for separation:

	a.  Regulation:  Chapter 10, AR 635-200

	b.  Reason:  For The Good of The Service-In Lieu of 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:
			                          AAM (3rdOLC)                       
a.  Period entered for: 6 Years                GCMDL (4thAwd)
b.  Entry date: 850813                               
c.  Age: 36  Years   DOB: 481026                                                 
d.  Educational level:  14 Years                                                 
e.  Aptitude area score:
	    GT: 112                                3.  Highest grade achieved:
    f.  Length of Service:                         E7
         5 Year(s)  4 Month(s)  0 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:  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:  NONE

SECTION B - Prior Service Data

Other discharge(s):

	Service	From	To	Type Discharge
	USN	661011	691024	Honorable
	USNR	691025	721010	NA
	RA	800311	850812	Honorable

PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that on 26 November 1990, DA, 509TH Personnel Service Company, APO San Francisco, Orders 325-02 discharged the applicant from the Regular Army, effective date: 12 December 1990.  The Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant’s signature.  The DD Form 214 shows that he was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service-in lieu of trial by court-martial with a characterization of service of under other than honorable conditions (UOHC).  The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.   

	b.  On 12 December 1990, the applicant was discharged.  At the time of discharge, the applicant had 5 years, and 4 months, service on his current enlistment under review and 10 years, 9 months and 2 days, total time in service. 

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions (UOHC) is normally considered appropriate.

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 000714.
	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:  Atlanta, Georgia on 27 February 2001.

	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 discharge is inequitable.

	b.  Request:  ( X ) 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.

        (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.  Based on the available evidence and the applicant’s testimony, the Board determined that the applicant’s discharge was inequitable.  The official record is void of specific details, however, in the absence of information to the contrary, the Board found the applicant’s explanation of the circumstances surrounding his discharge plausible and with merit.  Further, the Board found that the preponderance of the applicant’s service attests to faithful and honorable service.  Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable and to change the narrative reason for discharge to Secretarial Authority.

        (1)  See Paragraph 3, below.

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.
	( X )	Inequitable as to characterization.  Change characterization to Honorable.
	( 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       4         1  
    Characterization       4         1   

	  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

TO: ARBA Support Division-St Louis      Date:  9 March 2001           

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

Remarks:  Restore grade to Sergeant First Class/E-7.
          Change RE Code to RE-1.

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:  2000044952                    INDEX NUMBERS:  A9418
Date of Review:  010227                                   A9456
Character of Service:  UD                                 A1200
Date of Discharge:  901212                                
Authority:  AR 635-200 C10                         
Reason:  A7000                                            
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