CASE NO:  AD97-00535

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

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

2.  Date of discharge (or REFRAD):  910514                                     

3.  Authority for separation:

	a.  Regulation:  Chapter 10, AR 635-200                                   

	b.  Reason:	For the Good of the Service 
                           
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
                                               NDSM
a.  Period entered for:  Unknown                    
b.  Entry date:  901130                        
c.  Age:  40 Years   DOB:  501005                                          
d.  Educational level:  HS Grad                                            
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  116                               3.  Highest grade achieved:
    f.  Actual creditable service:  0  Years            
        5  Months  15 Days                         Grade    
                                                   E7        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00535

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

5.  Periods of unauthorized absence:  ( X ) NONE

6.  Nonjudicial punishment:  ( X ) NONE

7.  Court-Martial data:

	a.  SCM:   ( X ) NONE

	b.  SPCM:  ( X ) NONE              

	c.  GCM:	 ( X ) NONE               

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data

1.  Other discharge(s):

    Service          Type   
    AUS              HD
    USAR             HD
    USAR             NA
    USAR             NA

            

	CASE NO:  AD97-00535

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

1.  Summary of facts and circumstances concerning discharge:

    Note:    Mental status evaluation and physical examination pertaining to  
             applicant’s Chapter 10, AR 635-200, are not in file.  Also, unit 
             commander was not available to recommend approval/disapproval on 
             this case.
   
    910403:  Applicant was charged with wrongfully using cocaine, a controlled 
             substance.
    910503:  Applicant consulted legal counsel, requested discharge under the 
             provisions of Chapter 10, AR 635-200, in lieu of trial by court-
             martial, and did not submit a statement in his own behalf.
    910508:  Intermediate commander recommended approval with an under other than 
             honorable conditions discharge.
    910508:  Senior intermediate commander recommended approval.
    910508:  Staff Judge Advocate determined the separation action to be legally 
             sufficient.
    910508:  Separation authority approved separation with an under other than 
             honorable conditions discharge.

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 961212.

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:  AD97-00535

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:
	    ( X )	Additional issue(s) identified during review/hearing as follows:
	      
        Board issue:  (4) Characterization of service too harsh.

    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.

        (4)  The issue is accepted.  The Board carefully examined the applicant's record of service during the period of enlistment under review and his total period of service.  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 Board determined that the discharge is inequitable because the applicant's quality of service determination at the time of discharge is inconsistent with the faithful and honorable service rendered by the applicant during the period of service under review and the total period of service.  The Board determined the applicant's generally acceptable personal conduct and performance of duty outweigh the discrediting information in the service record.  The applicant's failure to perform in accordance with Army standards is outweighed by service of sufficient merit to warrant an upgrade of the discharge being reviewed.  Accordingly, the Board voted to grant partial relief in the form of a general, under honorable conditions, discharge.  The Board was satisfied that the reason for discharge was proper and equitable, and to change it would be inappropriate.

    (1),(2)&(3)  The issues are rejected.  The evidence of record shows the applicant was charged with the commission of offense(s) punishable under the Uniform Code Of Military Justice with a punitive discharge.  The Board noted that after consulting with legal counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial.  By doing so, the applicant admitted guilt to the offense of wrongful use of cocaine, a controlled substance.  The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a non-commissioned officer (NCO) at the time.  The applicant, as an NCO, had the duty to support and abide by the Army's drug policy.  By using illegal drugs the applicant knowingly risked his military career.  This misconduct diminished the quality of service below that meriting a fully honorable discharge

3.  Response to item(s) not addressed as decisional issue(s):  ( X ) NA

			CASE NO:  AD97-00535

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   GENERAL UNDER HONORABLE CONDITIONS     .
	(   )	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       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:  CPCD
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  ( X ) NA

				CASE NO:  AD97-00535

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

TO:  Commander, ARPERCEN                         Date:                         

     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:

           (   )	Characterization of discharge be changed to Uncharacterized.
           (   )	Characterization of discharge be changed to Honorable.
           ( X )	Characterization of discharge be changed to Under Honorable Conditions.
           (   )	Reason and authority for discharge be changed to
       	Misconduct under AR 635-200.
           (   )	Other (see remarks below).

Remarks:  ( 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:

AD9700535         970416    UD    910514    AR 635-200   C10 A7400    GD 5-0 A
1          10 11 12        18    20        26                41      46 49  52

                  A9408   A0100   A9207   A9317   A9219                       
                 53      58      63      68      73                           

			CASE NO:  AD97-00535

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  LTC PHILLIPS, JOHN S.          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           PO           X            X