PART II - APPLICATION DATA (Note: Part I deleted under the Privacy Act on Reading Room copy) 1. Character of Discharge: General, Under Honorable Conditions 2. Date of discharge (or REFRAD): 891229 3. Authority for separation: a. Regulation: Chapter 14, AR 635-200 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: AAM (1stOLC) a. Period entered for: 5 Years GCMDL b. Entry date: 881216 NCOPDR c. Age: 26 Years DOB: 620315 ASR d. Educational level: HS Grad OSR e. Aptitude area score: C/Ach GT: 99 3. Highest grade achieved: f. Length of Service: E5 1 Year(s) 0 Month(s) 14 Day(s) 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: Date Offense(s) 891205 Wrongfully used cocaine between (890912 and 891012). 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 RA 831003 870114 Honorable RA 870115 881215 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Evidence of record shows that on 12 December 1989, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of a serious offense, with an under other than honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions and submitted a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general discharge. On 14 December 1989, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general. b. On 29 December 1989, the applicant was discharged. At the time of discharge, the applicant had completed 1 year, and 14 days of active military service in the period under review and had a total of 6 years, 2 months and 27 days of active military service. 2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter l4 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted. 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 020216. 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 13 March 2002. 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 narrative reason for separation is inequitable. b. Request: ( X ) Recharacterization ( X ) 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. (1) The issue is rejected. There was a full consideration of all service including the infraction of discipline, the extent thereof, and the seriousness of the offense. The Board noted the applicant’s contention. However, the Board determined that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By his misconduct and poor duty performance, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. The Board, being convinced that the characterization of service was proper and equitable, voted to deny relief. (2) The issue is accepted. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the Board voted to change the narrative reason on the DD Form 214 to misconduct. 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. ( ) Inequitable as to characterization. Change characterization to                               . ( X ) Inequitable as to reason. Change reason to Misconduct under Chapter 14, AR 635-200. ( ) 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 2 3 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. RON WILLIAMS Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE TO: ARBA Support Division-St Louis Date: 15 March 2002 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 DD Form 2l4 to the applicant which reflects the following directed change(s): ( X ) Change the narrative reason for discharge to “Misconduct” under Chapter 14, AR 635-200. 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: 2002067878 INDEX NUMBERS: A9442 Date of Review: 020313 A9333 Character of Service: GD A9217 Date of Discharge: 891229 A9217 Authority: AR 635-200 C14 Reason: A6730 Results of Board Action/ Vote/Affirmation: MD 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