CASE NO:  AD97-00406

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):  900618                                     

3.  Authority for separation:

	a.  Regulation:  Chapter 14, AR 635-200                                   

	b.  Reason:	Misconduct - Pattern Of Misconduct
                           
4.  Prior review(s):  ( X ) NONE

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

1.	Service data:                              2.  Awards and decorations:
                                                   Type
                                               ASR  
a.  Period entered for: 3 Years, 21 wks        OSR
b.  Entry date: 870901  (3 mos ext-890606)     
c.  Age:  18 Years   DOB:  690829                                          
d.  Educational level:  HS Grad                                            
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  114                               3.  Highest grade achieved:
    f.  Actual creditable service:  2  Years            
        9  Months  18 Days                         Grade    
                                                   E4        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

				

	CASE NO:  AD97-00406

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

5.  Periods of unauthorized absence:  ( X ) NONE

6.  Nonjudicial punishment:

	Nature    Date
	Art 15    Unknown

7.  Court-Martial data:  ( X ) NONE
	
8.	Remarks:  Applicant received one (1) Article 15, (See 1st End Battalion
	          Commander Recommendation, dtd 12 Jun 90).

SECTION B - Other Service Data

1.  Other discharge(s):  ( X ) NONE      

            

	CASE NO:  AD97-00406

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

1.  Summary of facts and circumstances concerning discharge:

	900424:  Unit commander notified the applicant of initiation of separation
	         action under the provisions of Chapter 14, AR 635-200, for misconduct-
	         Pattern of misconduct.  He was advised of his rights.
	900614:  DA, Order 127-51, 369th PSC, Butzbach Composite Team, APO NY  09077-
	         1608, discharged applicant.
	900618:  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 961119
    B-1:  DD Form 293, with three (3) enclosures 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:  AD97-00406

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)  The issues are rejected.  The Board 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 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 Board determined that the applicant's discharge was appropriate because the quality of service determination at the time of discharge was consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or the applicant’s service mitigated the misconduct or poor duty performance.  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:  AD97-00406

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:  AD97-00406

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
COL MELCHIOR
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: 

AD9700406         970319    GD    900618    AR635-200 C14     A6750    NC 5-0 A
1          10 11 12        18    20        26                41       46 49  52

                  A9217   A0100   A9201   A9447   A9215                       
                 53      58      63      68      73                           

	

		CASE NO:  AD97-00406

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.   MAJ WYRICK, JIMMY R.          Mbr          X                 X       

    2.   LTC SMITH, LILLIAN C.         Mbr          X                 X       

    3.   COL ALLEN, THOMAS J.          Mbr          X                 X       

    4.   COL MELCHIOR, ROBERT J.       Mbr          X                 X       

    5.   COL MATHEWS, WILLIAM E.       PO           X                 X