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):  990607

3.  Authority for separation:

	a.  Regulation:  Chapter 7, AR 135-178

	b.  Reason:  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:
			                          NONE                       
a.  Period entered for:  6  Years              
b.  Entry date:  950917                        
c.  Age:  31  Years   DOB:  540420                                        
d.  Educational level:  GED                                               
e.  Aptitude area score:
	    GT:  104                               3.  Highest grade achieved:
    f.  Length of Service:                         E5
          3  Year(s)  8  Month(s)  21  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
	USCG	710611	750610	Honorable
	ARNGUS	820729	880219	General
	ARNGUS	890909	901205	NA
	ADT	901206	920112	Honorable
	ARNGUS	920113	950916	Honorable
	          (Concurrent service)

PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, AR 135-178, by reason of misconduct-abuse of illegal drugs, with an under other than honorable conditions discharge.  He was advised of his rights.  On 7 June 1999, DA, HQ, 91st Division (Exercise), Building 602, Murray Circle, Ft Baker, California, Orders M-158-3 discharged the applicant from the United States Army Reserve effective date 7 June 1999.  The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.

	b.  On 7 June 1999, the applicant was discharged.  At the time of discharge, the applicant had completed 3 years, 8 months, and 21 days of active military service.  

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, undated , with two (2) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE
	C-1:  DD Form 149, undated.

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 9 August 2001.

	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 faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense.  The Board found that the length and quality of the applicant’s service mitigated his misconduct.  In view of the foregoing, the Board determined that the characterization of service was inequitable.  However, the Board determined that the applicant’s misconduct diminished the quality of his service below that meriting a fully honorable discharge.  Accordingly, the Board voted to grant 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)  See Paragraph 3, below.

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

    Inasmuch as the Board voted to grant the full relief requested, response to the remaining issue is neither required nor rendered. 

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       4         1   

	  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	

Ms. McKim-Spilker                                                        
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  13 August 2001         

     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 issue a new discharge order to the applicant which reflects the following directed change(s):

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

SECTION B - CERTIFICATION

Approval Authority:

GERARD W. SCHWARTZ
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

EARNEST C. SMITH, JR.    
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:  2001057893                    INDEX NUMBERS:  A9406
Date of Review:  010809                                   A9218
Character of Service:  UD                                 A9436
Date of Discharge:  990607                                A0100
Authority:  AR 135-178 C7                         
Reason:  A6770                                            
Results of Board Action/                                  
Vote/Affirmation:  GD 3-2 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