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ARMY | DRB | CY1997 | 199700535
Original file (199700535.rtf) Auto-classification: Approved
                                    CASE NO: AD97-00535
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): 910514

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

         b. Reason:       For the Good of the Service

4. Prior review(s): ( X ) NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
 Type
NDSM
 a. Period entered for: Unknown
b. Entry date: 901130
c. Age: 40 Years DOB: 501005
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 116 3. Highest grade achieved:
f. Actual creditable service: 0 Years
5 Months 15 Days Grade
E7

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00535
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE


6. Nonjudicial punishment: ( X ) NONE

7. Court-Martial data:
         a. SCM: ( X ) NONE

        
         b. SPCM: ( X ) NONE


         c. GCM:  ( X ) NONE


8.       Remarks: ( X ) NONE
SECTION B - Other Service Data

1. Other discharge(s):

 Service Type
AUS HD
 USAR HD
USAR NA
USAR NA





         CASE NO: AD97-00535
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
Note: Mental status evaluation and physical examination pertaining to
applicant’s Chapter 10, AR 635-200, are not in file. Also, unit
commander was not available to recommend approval/disapproval on
this case.

910403: Applicant was charged with wrongfully using cocaine, a controlled
substance.
910503: Applicant consulted legal counsel, requested discharge under the
provisions of Chapter 10, AR 635-200, in lieu of trial by court-
martial, and did not submit a statement in his own behalf.
910508: Intermediate commander recommended approval with an under other than
honorable conditions discharge.
910508: Senior intermediate commander recommended approval.
910508: Staff Judge Advocate determined the separation action to be legally
sufficient.
910508: Separation authority approved separation with an under other than
honorable conditions discharge.

         

2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         See attached DD Form 293.

 3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 961212.



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


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

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

2. Exhibit(s) submitted at hearing: ( X ) NONE

                                    CASE NO: AD97-00535
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, Paragraph 2.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( X )   Additional issue(s) identified during review/hearing as follows:
         
Board issue: (4) Characterization of service 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 numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(4) The issue is accepted. The Board carefully examined the applicant's record of service during the period of enlistment under review and his total period of service. There was a full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board determined that the discharge is inequitable because the applicant's quality of service determination at the time of discharge is inconsistent with the faithful and honorable service rendered by the applicant during the period of service under review and the total period of service. The Board determined the applicant's generally acceptable personal conduct and performance of duty outweigh the discrediting information in the service record. The applicant's failure to perform in accordance with Army standards is outweighed by service of sufficient merit to warrant an upgrade of the discharge being reviewed. Accordingly, the Board voted to grant partial relief in the form of a general, under honorable conditions, discharge. The Board was satisfied that the reason for discharge was proper and equitable, and to change it would be inappropriate.

 (1),(2)&(3) The issues are rejected. The evidence of record shows the applicant was charged with the commission of offense(s) punishable under the Uniform Code Of Military Justice with a punitive discharge. The Board noted that after consulting with legal counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial. By doing so, the applicant admitted guilt to the offense of wrongful use of cocaine, a controlled substance. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a non-commissioned officer (NCO) at the time. The applicant, as an NCO, had the duty to support and abide by the Army's drug policy. By using illegal drugs the applicant knowingly risked his military career. This misconduct diminished the quality of service below that meriting a fully honorable discharge
3. Response to item(s) not addressed as decisional issue(s): ( X ) NA

                            CASE NO: AD97-00535
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: CPCD
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-00535
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL MELCHIOR
Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: Commander, ARPERCEN Date:

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:

 ( )     Characterization of discharge be changed to Uncharacterized.
( )     Characterization of discharge be changed to Honorable.
( X )   Characterization of discharge be changed to Under Honorable Conditions.
( )     Reason and authority for discharge be changed to
        Misconduct under AR 635-200 .
( )     Other (see remarks below).
Remarks: ( X ) NONE




SECTION B - CERTIFICATION


Approval Authority:

EL CARTIO BARNES
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SHERRY HILL SARGENT
Major, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

AD9700535 970416 UD 910514 AR 635-200 C10 A7400 GD 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9408 A0100 A9207 A9317 A9219
53 58 63 68 73

                           CASE NO: AD97-00535
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC PHILLIPS, JOHN S. Mbr      X      X       

2. LTC SMITH, LILLIAN C. Mbr      X      X       

3. COL ALLEN, THOMAS J. Mbr      X      X       

4. COL MELCHIOR, ROBERT J. Mbr      X      X       

5. COL MATHEWS, WILLIAM PO      X      X       



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