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ARMY | DRB | CY1999 | AR1999016076
Original file (AR1999016076.rtf) Auto-classification: Approved
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: UOHC

2. Date of discharge (or REFRAD): 871110

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:
                            OSR(2)
a. Period entered for: 3 Years
b. Entry date: 851009
c. Age: 27 Years DOB: 580405
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 123 3. Highest grade achieved:
f. Length of Service: E5
2 Years 1 Months 2 Days

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)
         870424 Wrongfully used marijuana (870103 to 870203)
         871104 Wrongfully used marijuana between (870803 and 870903)

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 760908 800327 HD
         RA 800328 851008 HD



PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 3 November 1987, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—abuse of illegal drugs, with a recommendation for an under other than honorable conditions (UOHC) discharge. The applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, waived a hearing by a board of officers, and submitted a statement in his own behalf. The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a UOHC discharge. On 5 November 1987, the separation authority directed that the applicant be discharged with a UOHC discharge, and that he be reduced to the lowest enlisted rank.

         b. On 10 November 1987, the applicant was discharged with a UOHC discharge. At the time of discharge, the applicant had competed 2 years, 1 month, and 2 days of his current enlistment and a total of 11 years, 2 months and 3 days of active military service.

         c. The applicant’s record shows that he completed over 11 years of service; attained the rank of sergeant/E-5; completed two overseas tours in Germany; and that he earned 2 Good Conduct Medal. His disciplinary record, for the period of enlistment under review, includes his acceptance of two Article 15’s: the first on 24 April 1987, for wrongfully using marijuana which resulted in a reduction to specialist/E-4; and the second on 4 November 1987, for the wrongful use of marijuana which resulted in his reduction in rank to private/E-2. The unit commander processed the applicant for separation for the commission of a serious offense and cited the drug use outlined above and a previous incident of drug use from a prior enlistment as the basis for taking the action.

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 980615.
         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 D.C. on 12 May 1999 .

         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 discharge 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.


 (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.

(1) The issue is rejected. The Board noted the applicant’s contention that, in effect, he is now drug free, raising a family and would like to wipe the slate clean. However, while the board commends the applicant for his post service good conduct, this does not provide a basis for relief. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in him as a non-commissioned officer (NCO). As an NCO, he had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and this misconduct diminished the quality of his service below that meriting a fully honorable or general discharge. The Board was satisfied that the characterization of service was proper and equitable, and voted not to change it.

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 0 5

         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. ADRIANCE
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE


 TO: ARBA Support Division-St Louis Date: 14 May 1999

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 reason and authority for discharge to Misconduct under Chapter 14, AR 635-200.


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:

 AR Number: 1999016076 INDEX NUMBERS: A9217
Date of Review: 990512 A9221
Character of Service: UD A9402
Date of Discharge: 871110 A0100
Authority: AR 635-200 C14
Reason: A6770
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.      Mbr  X             X    

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