PART II - APPLICATION DATA

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

1.  Character of Discharge:  General, Under Honorable Conditions

2.  Date of discharge (or REFRAD):  020503

3.  Authority for separation:

	a.  Regulation:  Chapter 14, AR 635-200

	b.  Reason:  Misconduct

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          AAM
a.  Period entered for:  4 Years               GCMDL
b.  Entry date:  971014                        ASR
c.  Age:  18 Years   DOB:  790130              OSR
d.  Educational level:  HS Grad                
e.  Aptitude area score:
	    GT:  123                               3.  Highest grade achieved:
    f.  Length of Service:                         E4
          3 Years  1 Months  16 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                                               

	Mil conf                                           

	Civil conf   001206-020503                         

	Other                                              

6.  Nonjudicial punishment:  

	Date 	Offense(s)
	000404	Willfully disobey a lawful order from a Noncommissioned Officer. (000317); Disrespectful in language toward a Noncommissioned Officer. (000317)(Company Grade)
	000911	Willfully disobey a lawful order from a Noncommissioned Officer. (000606)(Company Grade)

7.  Court-Martial data:  NONE

	a.  SCM:  
		Date   Offense(s)

	b.  SPCM:  
		Date   Offense(s)

	c.  GCM:	 
		Date   Offense(s)

8.	Remarks:  Killeen Police Department Report, Case Number 00-00014, detailing the incident leading to the applicant’s arrest and civil conviction is located in the applicant’s OMPF (fiche).

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 1 January 2000 the applicant was involved in a major traffic accident resulting in serious injury to other parties involved.  The applicant was suspected of driving while being intoxicated and the Killeen Police Department continued their investigation.  On 11 February 2000, the applicant was formerly charged with Intoxication Assault and was arrested by civil authorities on 14 February 2000.  He was later released pending trial.  On 6 December 2000 he was tried, convicted, and sentenced to civil confinement for two (2) years.  On 5 July 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct as stated above, with a characterization of service of general, under honorable conditions.  He was advised of his rights.  On 19 March 2002, 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 with a general, under honorable conditions discharge.  The intermediate commander concurred with the unit commander and recommended approval with a general, under honorable conditions discharge.  On 10 April 2002, the separation authority approved the separation with a characterization of service of general, under honorable conditions.

	b.  On 3 May 2002, the applicant was discharged.  At the time of discharge, the applicant had completed 3 years, 1 month, and 16 days of active military service and accrued 453 days of lost time.

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 030228, with no enclosures.
	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:  Los Angeles, CA on 24 February 2004.

	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:  three (3) supporting documents.  

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     (   ) 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.  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 Board does not condone the applicant’s misconduct; however, determined that the discharge is inequitable.  The Board based the foregoing on the applicant’s length and quality of service to include his post service accomplishments.  Accordingly, the Board voted to change the narrative reason for separation to Secretarial Authority and to upgrade the characterization of service to fully honorable.  

        (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       3         2  
    Characterization       5         0   

	  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. RON WILLIAMS                                    
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  5 March 2004 

     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 the characterization of discharge to Honorable.
           ( X )	Change reason and authority for discharge to Secretarial Authority, Chapter 5, AR 635-200.
           ( X )	Other (see remarks below).

Remarks:   This action does not entail a change to the RE code. 

SECTION B - CERTIFICATION

Approval Authority:

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

Official:

MARY E. SHAW    
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:  2003086340                    INDEX NUMBERS:  A1200
Date of Review:  040224                                   A9406
Character of Service:  GD                                 A9456
Date of Discharge:  020503                                A9218
Authority:  AR 635-200 C14                                A9222
Reason:  A6100                                            
Results of Board Action/                                  
Vote/Affirmation:  HD 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