PART II - APPLICATION DATA

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

1.  Character of Discharge:  Bad Conduct

2.  Date of discharge (or REFRAD):  900726

3.  Authority for separation:

	a.  Regulation:  Chapter 3, AR 635-200

	b.  Reason:  Court-Martial, Other

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:  2  Years               
b.  Entry date:  871014                         
c.  Age:  21  Years   DOB:  681016                                        
d.  Educational level:  HS Grad                                           
e.  Aptitude area score:
	    GT:  125                               3.  Highest grade achieved:
    f.  Length of Service:                         E3
          1  Year(s)  4  Month(s)  29  Day(s)                                  
                                                           
                                               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         890406-890423; 890703-890727;                         

	Mil conf     890505-890524; 890729-901009;                         

	Civil conf                                                         

	Other                                                              

6.  Nonjudicial punishment:  NONE

	Date 	Offense(s)

7.  Court-Martial data:  

	a.  SCM:  
		Date   Offense(s)
        890505 Stealing candy, property of NAFI (890314), AWOL (890406-890424),
			 violated USKF 60-1, by wrongfully possessing a counterfeit LOAPR
			 and Temporary RCP (890411).
	
	b.  SPCM:  
		Date   Offense(s)
		890920 AWOL (890703-890728), violated a lawful general regulation, by
			 wrongfully possessing a military identification card, ration
			 control plate and letter of authorization purchase record of
			 another (890728).

	c.  GCM:	 
		Date   Offense(s)

8.	Remarks:  The applicant has an approved Bar to Reenlistment in file dated
			890530.

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 20 September 1989, the applicant was found guilty by a Special Court-Martial of AWOL (890703-890728), violating a lawful general regulation, by wrongfully possessing a military identification card, ration control plate and letter of authorization purchase record of another (890728).  He was sentenced to be discharged with a Bad Conduct Discharge, forfeiture of $200.00 pay per month for five months, and confinement for five months.  On 27 February 1990, the appropriate authority approved the findings and sentence.  Only so much of that portion of the sentence not dealing with the Bad Conduct Discharge, was ordered executed.  On 13 October 1989, the applicant was placed on excess leave pending the affirmation and execution of the Bad Conduct Discharge.  On 19 June 1990, the portion of the sentence pertaining to the Bad Conduct Discharge was affirmed by the Court of Military Review pursuant to Article 71c, and was ordered executed.  

	b.  On 26 July 1990, the applicant was discharged.  At the time of discharge, the applicant had completed 1 year, 4 months, and 29 days of active military service and accrued 136 days of lost time in the period under review.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3, Section IV, establishes policy and procedures for separating members with a dishonorable or bad conduct discharge; and provides that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial; and that the appellate review must be completed and the affirmed sentence ordered duly executed.

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 030102, with one (1) 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:
	   ( X ) Records review             (   ) Hearing

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

	c. Review/hearing location and date:  Washington, DC on 2 July 2003.

	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 applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge.  The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.

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:

SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

JOHN F. LONG    
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:  2003083891                    INDEX NUMBERS:  A9105
Date of Review:  030702                                   A0100
Character of Service:  BD                                 
Date of Discharge:  900726                                
Authority:  AR 635-200 C3                         
Reason:  A6800                                            
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