CASE NO:  AD97-00387

PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Type of discharge (or characterization of service):  GD                  

2.  Date of discharge (or REFRAD):  880421                                    

3.  Authority for separation:

	a.  Regulation:  Chapter 14, AR 635-200                                  

	b.  Reason:	Misconduct - Abuse of Illegal Drugs
                           
4.  Prior review(s):  ( X ) NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:

a.  Period entered for:  4  Years               Type
b.  Entry date:  860430                         ASR                             
c.  Age:  19  Years   DOB:  661203              C/Ach                                               
d.  Educational level:  HS Grad                                           
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  85                                3.  Highest grade achieved:
    f.  Actual creditable service:  1  Year            
        11  Months  22  Days                       Grade    
                                                   E4         

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00387

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  ( X ) NONE

6.  Nonjudicial punishment:  

	Date 	Offense(s)
	880111    Wrongfully use marijuana between (871101-871130)
	880208	Wrongfully use marijuana from (871220-880120); Wrongfully use cocaine from (880115-880120)            	 

7.  Court-Martial data:

	a.  SCM:   ( X ) NONE
		Date   Offense(s)

	b.  SPCM:  ( X ) NONE              
		Date   Offense(s)

	c.  GCM:	 ( X ) NONE               
		Date   Offense(s)

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data
( X ) NONE

            

	CASE NO:  AD97-00387

PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1.  Summary of facts and circumstances concerning discharge:

	880331:	Unit commander notified the applicant of initiation of separation 		action under the provisions of Chapter 14, AR 635-200, for 			misconduct - abuse of illegal drugs.  He was advised of his rights.
	880331:	Applicant acknowledged notification, consulted legal counsel, and 		submitted a statement in his own behalf.
    undated:	Intermediate commander recommended approval with an under other than 		honorable conditions discharge.
	880331:	Asst,SJA determined the separation action to be legally sufficient.
    undated:	Separation authority approved separation with a general under 			honorable conditions discharge.
	880421:	Applicant was discharged.

2.  Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
	See Attached DD Form 293.

3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 961111. 
    B-1:  DD Form 293, with one enclosure as submitted by the applicant.

PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE

PART V - SUMMARY OF REVIEW HEARING

	a.  Applicant testified:    (   ) Yes   ( X ) No

	b.  Witness(es) testified:  (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  ( X ) NONE

				CASE NO:  AD97-00387

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, Paragraph 2.
	    (   )	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 numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.  

       (1),(2),(3),(4) The issues are rejected.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in the applicant as a soldier at the time.  As a soldier the applicant had the duty to support and abide by the Army's drug policy.  By using illegal drugs the applicant knowingly risked receiving a less than fully honorable discharge.  The applicant's discharge was appropriate because the quality of service determination at the time of discharge was inconsistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By  misconduct and the applicant diminished the quality of service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or the applicant’s service mitigated the misconduct.  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 to item(s) not addressed as decisional issue(s):  ( X ) NA

			CASE NO:  AD97-00387

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:  CPCD
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  ( X ) NA

				CASE NO:  AD97-00387

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
LTC WYRICK
Post Hearing Reviewer	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

(X) NONE

SECTION B - CERTIFICATION

Approval Authority:

EL CARTIO BARNES
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SHERRY HILL SARGENT
Major, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge              	C - Other 
B - Material submitted by applicant

INDEX RECORD: 

AD9700387         970605    GD    880421    AR635-200 C14     A6770    NC 5-0A
1          10 11 12        18    20        26                41       46 49 52

                  A9200   A0100   A9301   A9447                              
                 53      58      63      68                                  

			CASE NO:  AD97-00387

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  LTC WYRICK, JIMMY              Mbr          X                 X       

    2.  LTC PHILLIPS, JOHN             Mbr          X                 X       

    3.  LTC SMITH, LILLIAN             Mbr          X                 X       

    4.  COL ALLEN, THOMAS              Mbr          X                 X       

    5.  COL MATHEWS, WILLIAM           PO           X                 X