CASE NO:  AD97-01412

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):  840228                                          

3.  Authority for separation:

	a.  Regulation:  Chapter 9, AR 635-200                                                        

	b.  Reason:	Drug Abuse - Rehabilitation Failure
                           
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:  3 Years               Type
b.  Entry date:  810728                        ASR                             
c.  Age:  21  Years   DOB:  600122             OSR                                               
d.  Educational level:  11  Years                                           
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  90                                3.  Highest grade achieved:
    f.  Actual creditable service:  2  Years            
        7  Months  1  Days                         Grade    
                                                   E4         

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-01412

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)
	831107    Wrongfully use an undertermined amount of marijuana, a Schedule 1, 21 CFR 1308.11 (d) controlled substance (830915)
	840209	Knowingly and wrongfully use some amount of marijuana, between (831126-831205)            	 

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

1.  Other discharge(s):

    Service          Type
	RA               HD

            

	CASE NO:  AD97-01412

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

1.  Summary of facts and circumstances concerning discharge:

	840117:	Unit commander in consultation with Clinical Director stated that 		applicant’s potential for successful rehabilitation is poor an 			declared him a rehabilitation failure.
	840118:	Mental status evaluation cleared applicant for separation.
	840123:	Physical examination cleared applicant for separation.
	840209:	Unit commander notiifed the applicant of initiation of separation 		action under the provisions of Chapter 9, AR 635-200, for drug abuse 		- rehabilitation failure.  He was advised of his rights.
	840210:	Unit commander recommended separation with a honorable discharge.
	840216:	Separation authority approved separation with a general under 			honorable conditions discharge.
	840219:	Applicant acknowledged notification.
	840223:	Applicant waived legal counsel, waived a hearing by a board of 			officers, and did not submit a statement in his own behalf.
	840228:	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 970326.

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:  AD97-01412

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) 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 Board was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.   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:  AD97-01412

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:  AD97-01412

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: 

AD9701412         970605    GD    840228    AR635-200 C9      A6900    NC 5-0A
1          10 11 12        18    20        26                41       46 49 52

                  A9200   A0100   A9235   A9317                             
                 53      58      63      68                                 

			CASE NO:  AD97-01412

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