CASE NO:  AD97-00586

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):  900425

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:  6 Years               Type
b.  Entry date:  840925                        ARCOM
c.  Age:  28 Years   DOB:  560827              AAM                         
d.  Educational level:  HS Grad                GCMDL (4)                       
e.  Aptitude area scores:  ( X ) NIF/NA        OSR
	    GT:  114                                   L/A                            
    f.  Actual creditable service:  5 Years    3.  Highest grade achieved:
        7 Months  1 Day                                     
                                                   Grade 
									   E6        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00586

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	891114
	
7.  Court-Martial data:  ( X ) NONE

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data

1.  Other discharge(s):                  

	Service          Type           
    RA               HD
    RA               HD

            

	CASE NO:  AD97-00586

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

1.  Summary of facts and circumstances concerning discharge:

    891127:  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.
    900302:  Board of officers met; applicant appeared with counsel.  The board 
             recommended separation with an honorable discharge.
    900316:  Separation authority approved the board’s recommendation with an 
             honorable discharge.
    900425:  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 970108.
    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:  AD97-00586

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:  (5)  Under current standards of AR 635-200, the narrative reason for 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 parenthetical numbers below correspond to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
 
        (2)  The issue is accepted.  By the evidence of record, the applicant was recommended for separation under the provisions of AR 635-200, Chapter 14 - Abuse of illegal drugs, appeared before an administrative separation board, and was recommended for separation with an honorable discharge.  On 16 March 1990, the separating authority approved the boards recommendation and directed issuance of an honorable discharge.  The Board determined that the characterization of service was improperly changed by an authority involved in the discharge process.  Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable.

	b.  Equity:	The parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.

        (5)  The issue is accepted.  Regulations currently in effect list the reason for the applicant's discharge as misconduct.  The Board determined that such a reason change would represent an enhancement of the applicant’s current discharge. Accordingly, the Board voted under current standards to change the narrative reason on the DD Form 214 to misconduct.  
        (1)  Inasmuch as the Board voted to grant the full relief requested, response to the issue is neither required nor rendered.  

        (3)&(4)  The issues are rejected.  The Army Discharge Review Board is not empowered, nor does it recommend, that the applicant be reinstated or awarded monetary compensation.  By the evidence of record, the applicant was separated under the provisions of AR 635-200, Chapter 14, for misconduct by a duly constituted administrative separation board.  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.

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

			CASE NO:  AD97-00586

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	(   )	Proper.
	( X )	Improper as to characterization.  Change characterization to      HONORABLE   .
	(   )	Improper as to reason.  Change reason to                         under                      .
	(   )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	( X )	Inequitable as to reason.  Change reason to  MISCONDUCT      
		under  AR635-200   .
	(   )	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:  CPCD
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  ( X ) NA

				CASE NO:  AD97-00586

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.
           ( X )	Characterization of discharge be changed to Honorable.
           (   )	Characterization of discharge be changed to Under Honorable Conditions.
           ( X )	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: 

AD9700586         970404    GD    900425    AR635-200 C14     A6770    HD 5-0 A
1          10 11 12        18    20        26                41       46 49  52

                  A0310   A0100   A9447                             
                 53      58      63                                  
			CASE NO:  AD97-00586

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  MAJ WYRICK, JIMMY              Mbr    X             X                

    2.  LTC WHISKER, JILL              Mbr    X             X                

    3.  COL ALLEN, THOMAS              Mbr    X             X                

    4.  COL MELCHIOR, ROBERT           Mbr    X             X                

    5.  COL MATHEWS, WILLIAM           PO     X             X