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ARMY | DRB | CY1997 | 199700586
Original file (199700586.rtf) Auto-classification: Approved
                                    CASE NO: AD97-00586
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

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

2. Date of discharge (or REFRAD): 900425

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason:       Misconduct - Abuse of Illegal Drugs
4. Prior review(s): ( X ) NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
a. Period entered for: 6 Years Type
b. Entry date: 840925 ARCOM
c. Age: 28 Years DOB: 560827 AAM
d. Educational level: HS Grad GCMDL (4)
e. Aptitude area scores: ( X ) NIF/NA OSR
          GT: 114 L/A
f. Actual creditable service: 5 Years 3. Highest grade achieved:
7 Months 1 Day
Grade
                                                                                 E6

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00586
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE

6. Nonjudicial punishment:

         Nature Date
         Art 15   891114
        
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: AD97-00586
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
891127: Unit commander notified the applicant of initiation of separation
action under the provisions of Chapter 14, AR 635-200, for misconduct,
abuse of illegal drugs. He was advised of his rights.
900302: Board of officers met; applicant appeared with counsel. The board
recommended separation with an honorable discharge.
900316: Separation authority approved the board’s recommendation with an
honorable discharge.
900425: Applicant was discharged.

 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 970108.
B-1: DD Form 293, with three (3) enclosures as submitted by the applicant.



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: AD97-00586
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: (5) Under current standards of AR 635-200, the narrative reason for discharge is inequitable.

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 parenthetical numbers below correspond to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.

(2) The issue is accepted. By the evidence of record, the applicant was recommended for separation under the provisions of AR 635-200, Chapter 14 - Abuse of illegal drugs, appeared before an administrative separation board, and was recommended for separation with an honorable discharge. On 16 March 1990, the separating authority approved the boards recommendation and directed issuance of an honorable discharge. The Board determined that the characterization of service was improperly changed by an authority involved in the discharge process. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable.
         b. Equity:       The parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(5) The issue is accepted. Regulations currently in effect list the reason for the applicant's discharge as misconduct. The Board determined that such a reason change would represent an enhancement of the applicant’s current discharge. Accordingly, the Board voted under current standards to change the narrative reason on the DD Form 214 to misconduct.
(1) Inasmuch as the Board voted to grant the full relief requested, response to the issue is neither required nor rendered.

(3)&(4) The issues are rejected. The Army Discharge Review Board is not empowered, nor does it recommend, that the applicant be reinstated or awarded monetary compensation. By the evidence of record, the applicant was separated under the provisions of AR 635-200, Chapter 14, for misconduct by a duly constituted administrative separation board. 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.


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





                           CASE NO: AD97-00586
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( )      Proper.
         ( X )    Improper as to characterization. Change characterization to      HONORABLE    .
         ( )      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  AR635-200    .
         ( )      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 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: AD97-00586
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.
( X )   Characterization of discharge be changed to Honorable.
( )     Characterization of discharge be changed to Under Honorable Conditions.
( X )   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:

AD9700586 970404 GD 900425 AR635-200 C14 A6770 HD 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A0310 A0100 A9447
53 58 63
                           CASE NO: AD97-00586
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY Mbr  X     X         

2. LTC WHISKER, JILL Mbr  X     X           

3. COL ALLEN, THOMAS Mbr  X     X           

4. COL MELCHIOR, ROBERT Mbr  X     X           

5. COL MATHEWS, WILLIAM PO  X     X           










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