PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  GD

2.  Date of discharge (or REFRAD):  971113

3.  Authority for separation:

	a.  Regulation:  Chapter 7, AR 135-178

	b.  Reason:  Misconduct

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          ARCOM(3)                   
a.  Period entered for:  6 Years               AAM(3)
b.  Entry date:  920202                        C/Ach
c.  Age:  29 Years   DOB:  620401                                          
d.  Educational level:  HS Grad                                                 
e.  Aptitude area score:
	    GT:  80                                3.  Highest grade achieved:
    f.  Length of Service:                         E5
        5 Years  9 Months  12 Days                
                                                  
                                               4.  Performance evaluations:  
                                                   See OMPF

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

5.  Periods of unauthorized absence:  NONE
                                                                    
    Status       Inclusive dates                       
	AWOL                                                               

	Mil conf                                                           

	Civil conf                                                         

	Other                                                              

6.  Nonjudicial punishment:  NONE

	Date 	Offense(s)

7.  Court-Martial data:  NONE

	a.  SCM:  
		Date   Offense(s)

	b.  SPCM:  
		Date   Offense(s)

	c.  GCM:	 
		Date   Offense(s)

8.	Remarks:  Bar to Reenlistment (971005)

SECTION B - Prior Service Data

Other discharge(s):

	Service	From	To	Type Discharge
	RA            800908    840907        HD
	USAR          840908    920201        HD

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

	a.  On 21 October 1997 the applicant’s unit commander initiated separation action, under the provisions of AR 135-178, chapter 7 as a result of the applicant having tested positive for cocaine use on a unit urinalysis test.  The applicant consulted legal counsel and requested that her case be heard by an administrative separation board.  The applicant was advised by letter that an administrative separation board would convene to hear her case on 9 November 1997.  The unit commander subsequently recommended approval of the discharge action and forwarded it through command channels to the separation authority.  On 21 October 1997, the separation authority directed that the applicant be discharged with a GD.  On 13 November 1997, Orders 317-2, DA, HQ, 80th Division (Institutional Training), Richmond, VA, discharged applicant from the USAR, with a GD.

	b.  On 13 November 1997, the applicant was discharged with a GD.  She was credited with 5 years, 9 months, and 12 days of service on the enlistment under review, and a total of 17 years, 3 months and 9 days total time in service.  

	c.  The applicant’s record reflects that she completed over 17 years of credible service; attained the rank of sergeant/E-5; and that she had earned a Good Conduct Medal, an Army Commendation Medal, three (3) Army Achievement Medals; three (3) Army Reserve Component Achievement Medals; the Armed Forces Reserve Medal.  The applicant was processed for discharge for the wrongful use of cocaine.  The evidence of record shows that the applicant requested that her case be heard by an administrative separation board which was scheduled; however, the record is silent on whether or not the board ever convened.  

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard.  Chapter 7 of the regulation, in effect at the time, governed separation for acts or patterns of misconduct, including unsatisfactory participation.  The regulation provided that the separation authority could disapprove the commander’s recommendation for 
discharge for misconduct and direct disposition by other means, disapprove the recommendation for separation for misconduct and direct separation for unsatisfactory performance, or convene a board of officers to determine whether the service member should be separated for misconduct.  When discharged under this provision, Army policy states that the characterization of service will normally be under other than honorable conditions.  The regulation also permitted the characterization of service as under honorable conditions, but did not authorize the characterization of service as honorable.

SECTION B-APPLICANT’S SUBMISSIONS

1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
   As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 990302, with three (3) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion

Referred to ( ) Medical Advisor      ( ) Legal Advisor

      a.  Medical prehearing comments (if applicable):

      b.  Legal prehearing comments (if applicable):

PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1.  Review/hearing information:

	a. Type requested:
	   (   ) Records review             ( X ) Hearing

	b. Type Held:
	   (   )Records review              ( X ) Hearing
	                                    (   ) Tender Offer

	c. Review/hearing location and date:  Washington D.C. on 5 April 1999.

	d. Appearance by:
	   Applicant                 ( X ) Yes   (   ) No
	   Counsel                   (   ) Yes   ( X ) No

	e.  Applicant testified:     ( X ) Yes   (   ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibits submitted at hearing:  Ten (10) additional documents.

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 of this case report and directive.
	    (   )	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 parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

        (1)  The issue is accepted.  The Board concluded that the applicant’s discharge was improper because she had been denied the right to have her case heard by an administrative separation board.  Further, after carefully examining the applicant’s record of service for the period of enlistment under review, the  Board determined that the applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient merit to warrant an upgrade of the discharge being reviewed.  Accordingly, the Board voted to change the reason for separation to Secretarial Authority and the characterization of service to fully honorable.

        (2), (3) and (4)  See Paragraph 3, below.  

	b.  Equity:	The applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge.  The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.

3.  Responses to items not addressed as decisional issues:

    Inasmuch as the Board voted to grant full relief, responses to remaining issues are neither required nor rendered.

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.
	( X )	Improper as to reason.  Change reason to Secretarial Authority.
		under Chapter 4, AR 135-178.
	(   )	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       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:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  NONE  

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

MR. ADRIANCE                           
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A – DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  9 April 1999.

     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 the ARBA Support Division-St Louis correct all Department of the Army records to reflect the following directed changes:

           ( X )	Change the characterization of the discharge to Honorable.
     ( X )	Change the reason and authority for discharge to
       	Secretarial Authority under Chapter 4, AR 135-178.
           ( X )	Other (see remarks below). 

Remarks:  Change the applicant’s RE code to 1.

SECTION B - CERTIFICATION

Approval Authority:

THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SUZANNE WALKER    
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

AR Number:  1999023671                    INDEX NUMBERS:  A0142
Date of Review:  990405                                   A0132
Character of Service:  GD                                 A9218
Date of Discharge:  971113                                
Authority:  AR 135-178 C7                                 
Reason:  A6730                                            
Results of Board Action/                                  
Vote/Affirmation:  HD 5-0 A                               

PART IX - VOTING RECORD

    Name                                   Reason         Characterization
                                           CHANGE   NC    HON   UHC   NC   UNCHAR
    1. 	Mbr    X            X                   

    2. 	Mbr    X            X                   

    3. 	Mbr    X            X                   

    4. 	Mbr    X            X                   

    5. 	Mbr    X            X