PART II - APPLICATION DATA

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

1.  Character of Discharge:  Under Other Than Honorable Conditions

2.  Date of discharge (or REFRAD):  971125

3.  Authority for separation:

	a.  Regulation:  Chapter 8, NGR 600-200

	b.  Reason:  Acts of Patterns of Misconduct-Abuse of Illegal Drugs

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          AAM                        
a.  Period entered for:  NIF                   NDSM
b.  Entry date:  860701                        ASR
c.  Age:  20 Years   DOB:  660509                                          
d.  Educational level:  13 Years                                                
e.  Aptitude area score:
	    GT:  NIF                               3.  Highest grade achieved:
    f.  Length of Service:                         E4
          11 Year(s)  4 Month(s)  25 Day(s)                                  
                                                           
                                               4.  Performance evaluations:  
                                                   NONE

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:  NONE

SECTION B - Prior Service Data

Other discharge(s):

	Service	From	To	Type Discharge
	IADT          870423    870806        NIF 

PART IV - PREHEARING REVIEW

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

	a.  The record contained a properly constituted NGB Form 22 (Report of Separation and Record of Service).  His NGB Form 22 indicates that he was discharged under the provisions of Chapter 8, Paragraph 8-26e(2), NGR 600-200 by reason of acts or patterns of misconduct-abuse of illegal drugs with a characterization of service of under other than honorable conditions.

	b.  On 25 November 1997, the applicant was discharged.  He was credited with 
11 years, 4 months, and 25 days active service on the enlistment under review.  

2.  Legal/Regulatory Basis for Separation Action: National Guard Regulation (NGR) 600-200 govern procedures covering enlisted personnel management of the Army National Guard.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard.  Paragraph 8-26e(2) of that regulation provides in pertinent part that individuals can be separated for being misconduct-abuse of illegal drugs. 

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 000220, 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:
	   ( X ) Records review             (   ) Hearing

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

	c. Review/hearing location and date:  Washington, DC on 30 March 2000

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

	e.  Applicant testified:     (   ) Yes   ( X ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  

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:
	    ( X )	Additional issue(s) identified during review/hearing as follows:

        Board Issue:  (2)  The characterization of service was 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 number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above:

        (2)  The issue is accepted.  The Board carefully examined the applicant’s record of service during the period of enlistment under review.  There was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses.  While the Board does not condone the applicant’s misconduct, it determined that the characterization of service was inequitable.  The Board found that the length and quality of the applicant’s service partially mitigated his misconduct.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.

        (1)  The issue is rejected.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in him as a soldier.  By abusing illegal drugs, the applicant knowingly risked his military career and diminished the quality of his service below that meriting a fully honorable discharge.  See response to issue (2) above.

3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE

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:  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	

MRS. WADE
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

Thru: Chief, National Guard Bureau            Date:  31 March 2000
To:   Adjutant General, State of Texas

     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 recommends that the applicant be considered for a change of his discharge by the Adjutant General, State of Texas, with issuance of a new NGB Form 22, as follows:

           ( X )	Change characterization of discharge to General, Under Honorable Conditions.

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:  2000037068                    INDEX NUMBERS:  A9218
Date of Review:  000330                                   A0100
Character of Service:  UD                                 A9439
Date of Discharge:  971125                                
Authority:  NGR 600-200 C8                                
Reason:  A6750                                            
Results of Board Action/                                  
Vote/Affirmation:  GD 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. 	PO           X            X