CASE NO:  AD96-00239

PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Type of discharge (or characterization of service): UOHC

2.  Date of discharge (or REFRAD): 940415

3.  Authority for separation:

	a.  Regulation:  Chapter 10, AR 635-200

	b.  Reason:	In Lieu of Trial by Court-Martial
                           
4.  Prior review(s):  ( X ) NONE

5.  Action requested:  ( X ) Recharacterization     (  ) Change of Reason

                

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

1.	Service data:                              2.  Awards and decorations:
			                          Type 
                                               ARCOM     AFEM
a.  Period entered for: 6  Years               AAM       SWASMDL
b.  Entry date: 891227                         GCMDL     KLM
c.  Age:  26 Years   DOB: 630410               NDSM                                  
d.  Educational level: HS Grad                 OSR                                   
e.  Aptitude area scores:  		         CIB
	    GT: 111                                3.  Highest grade achieved:
    f.  Actual creditable service:  4 Years            
        3  Months   19  Days                       Grade    
                                                   E6          

                                               4.  Performance evaluations:  
                                                   ( X ) NONE
                                                 

					CASE NO:  AD96-00239

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

5.  Periods of unauthorized absence:  ( X ) NONE
                                                                    

6.  Nonjudicial punishment:



7.  Court-Martial data:  ( X ) NONE



8.	Remarks:  ( X ) NONE


SECTION B - Other Service Data


1.  Other discharge(s):

	Service		Type
	RA		HD
	RA		HD


            
                                                   



	CASE NO:  AD96-00239

PART IV - PREHEARING REVIEW
SECTION A - Facts and Issues

1.  Summary of facts and circumstances concerning discharge:

	940208	Applicant was charged with two violations of Article 112a, one 			specification of wrongful use of cocaine on or between (931116) 			and (931130), and one specification of wrongful use of marijuana on 		or between (931116 and 931130).
	940228	Applicant consulted legal counsel, requested discharge under the 		provisions of chapter 10, AR 635-200, for the good of the service, 		and submitted a statement in his own behalf.
	940314	Unit commander recommended approval with a general discharge.
	940314	Intermediate commander recommended approval with an other than 			honorable conditions discharge.
		Separation authority approved separation with an other than 			honorable conditions discharge.
	940323:	DA HQ, 1st Cavalry Division, Fort Hood; Orders 052-124 discharged 		applicant from the Regular Army.
	940415:	Applicant signed DD Form 214, indicating the following facts: 			Character of service is an under other than honorable conditions 		discharge, under the provisions of Chapter 10, AR 635-200, In lieu 		of trial by court-martial
	940415:	Applicant was discharged.


2.  Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
	( X )  NONE

3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 951216.
	





PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE

PART V - SUMMARY OF HEARING
SECTION A-Attendees and exhibits

1.  Review/Hearing information:

	a.  Applicant testified:    (   ) Yes   ( X ) No

	
	b.  Witness(es) testified:  (   ) Yes   ( X ) No
	                                                

2.  Exhibit(s) submitted at hearing:  ( X ) NONE
				CASE NO:  AD96-00239

PART V HEARING SUMMARY
SECTION B-Case Analyst’s Summary

1.  APPLICANT REQUESTS:  In effect that his discharge under other than honorable conditions (UOHC) be upgraded to honorable.

2.  APPLICANT CONTENDS:  The applicant has not provided any issues or contentions with his application.

3.  COUNSEL CONTENDS:  The applicant is not currently represented by counsel.

4.  SUMMARY OF SERVICE:  On 27 December 1989, at Fort Hood, Texas, he reenlisted in the Regular Army for a period 6 years, assignment in accordance with the needs of the Army, and 50 percent Selective Reenlistment Bonus.  At the time of his reenlistment he had attained the rank of staff sergeant/E-6, held MOS 11M (Fighting Vehicle Infantryman), and had completed 8 years, 5 months, and 19 days of prior honorable active duty service.

On 27 June 1990, at Fort Hood, he was awarded the third award of the Good Conduct Medal for the period 8 July 1987 to 7 July 1990.

Between 10 October 1990 and 17 April 1991 he served in Saudi-Arabia in support of Operation Desert Storm.  He received the appropriate awards for his participation in that operation and also earned the Combat Infantryman Badge (CIB).

The records also indicate that he deployed to Saudi-Arabia during the period 20 October 1992 to 20 December 1992.  For his service he was awarded the Navy Unit Commendation and Marine Expeditionary Medal.

On 7 June 1993, at Fort Hood, he was awarded fourth award of the Good Conduct Medal for the period of 8 July 1990 to 7 July 1993.

On 8 February 1994 the applicant was charged with wrongfully using cocaine and marijuana on or between 16 November and 30 November 1993.  On 28 February 1994 the applicant consulted legal counsel, requested discharge under the provisions of chapter 10, AR 635-200, for the good of the service- in lieu of trial by court-martial, and submitted a statement in his own behalf.  On 14 March 1994 the unit commander recommended approval with a general discharge and the intermediate commander recommended approval with a UOHC.  On 22 March 1994 the separation authority approved separation with a UOHC.  Accordingly, the applicant was discharge with a UOHC on 15 April 1994 after completing 4 years, 3 months, and 19 days of the period of service under review.

5.  LEGAL/REGULATORY BASIS FOR SEPARATION:  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

6.  ISSUES OF PROPRIETY:  None Provided.


7.  ISSUES OF EQUITY:  None Provided.






				CASE NO:  AD96-00239

PART VI - ISSUES AND FINDINGS

1.  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:

        Board Issue:  (1)  The characterization of service was too harsh.

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 applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge.

        (1)  The issue is accepted.  The discharge is inequitable because the applicant's quality of service did not warrant the granting of an under other than honorable conditions discharge.  There was a full consideration of all service including the infraction of discipline, the extent thereof, and the seriousness of the offense.  The applicant's failure to perform in accordance with Army standards is mitigated by service of sufficient merit to warrant an upgrade of the discharge being reviewed.  Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to general, under honorable conditions.  However, the Board determined that the applicant’s misconduct diminished the quality of his service below that meriting an honorable discharge.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.

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



			CASE NO:  AD96-00239

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, Virginia 22202-4508



3.  Minority views:  ( X ) NA

				CASE NO:  AD96-00239

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified.	

                                   	
Case Analyst and Reviewing Official.
	

                                    
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  12 June 1998                 

     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 )	Characterization of discharge be changed to General, Under Honorable Conditions.
           ( X )	Other (see remarks below).

Remarks:  Restore the applicant’s grade to staff sergeant/E-6.


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:

AD9600239         980610    UD    940415    AR 635-200 C10   A7000    GD 5-0 A
1          10 11 12        18    20        26               41       46 49  52
                  A9218   A0100    A9500
                 53      58       63






				CASE NO:  AD96-00239

REMARKS
Case Management Data

(   ) Notify inquiries clerk.  Response to other correspondence required upon completion of case.

(   ) Escalated mode of hearing.  Applicant is entitled to another review only if he/she/authorized representative appears before a hearing panel.  If there is no response to notification letter or applicant/representative fails to appear for the hearing, the case will be returned to the ARBA Support Division, St. Louis without action.

(   ) DD Form 149 in file.  Send case to ABCMR.


			CASE NO:  AD96-00239

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            





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OSA FORM 172A (REVISED) 1 MAY  94      PAGE