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): 890425 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: AAM L/C a. Period entered for: 3 Years(16 mos. ext.)GCMDL(2) b. Entry date: 850103 (861125) NCOPDR c. Age: 25 Years DOB: 590402 ASR d. Educational level: HS Grad OSR e. Aptitude area score: C/Ach. GT: 105 3. Highest grade achieved: f. Length of Service: E4 4 Year(s) 3 Month(s) 23 Day(s) 4. Performance evaluations: NONE 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) 860228 DOLO issued by COL (860206). 870924 Assault PVT (870602). 890126 Operate a vehicle, while drunk (890108). _________________________ 860227 Letter of Reprimand-Civil conviction, for driving while intoxicated (860206)(administrative). 7. Court-Martial data: NONE a. SCM: Date Offense(s) b. SPCM: Date Offense(s) c. GCM: Date Offense(s) Remarks: The applicant has two Military Police Report in file dated 890108 and 870728, and a Alcoholic Influence Report dated 890108. SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 810108 850102 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Evidence of record shows that on 17 January 1989, 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 an honorable discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than honorable, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service, and waiver of further rehabilitative efforts. The intermediate commander recommended separation with an honorable discharge. The applicant again consulted legal counsel, and waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions. On 22 March 1989, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. b. On 25 April 1989, the applicant was discharged. At the time of discharge, the applicant had completed 4 years, 3 months, and 23 days of active military service in the period under review and had a total of 8 years, 3 months, and 18 days of active military 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 020125, with five (5) 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 13 March 2002. 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: ( X ) Additional issue(s) identified during review/hearing as follows: Board Issue: (1) Characterization of service is too harsh. (2) The narrative reason for separation 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. (1) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review. There was a full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses. The evidence of record supports that the applicant’s misconduct was the result of his uncontrolled abuse of alcohol. Notwithstanding the applicant’s misconduct, the Board noted that his commanding officer and intermediate commander both recommended that the applicant receive an honorable characterization of service based on his overall length and quality of service. In view of the foregoing, the Board determined that the characterization of service was inequitable because the applicant's generally acceptable personal conduct and performance of duty mitigated the discrediting entries in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable. (2) The issue is accepted. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the Board voted to change the narrative reason on the DD Form 214 to misconduct. 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                      . ( ) Equitable. ( X ) Inequitable as to characterization. Change characterization to Honorable. ( X ) Inequitable as to reason. Change reason to Misconduct under Chapter 14, 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 5 0 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. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE TO: ARBA Support Division-St Louis Date: 15 March 2002 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 Misconduct, AR 635-200. SECTION B - CERTIFICATION Approval Authority: GERARD W. SCHWARTZ 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: 2002067975 INDEX NUMBERS: A9406 Date of Review: 020313 A9442 Character of Service: GD A9320 Date of Discharge: 890425 A0113 Authority: AR 635-200 C14 Reason: A6750 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