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ARMY | DRB | CY1999 | 1999025023
Original file (1999025023.rtf) Auto-classification: Approved
PART II - APPLICATION DATA

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

1. Character of Discharge: GD

2. Date of discharge (or REFRAD): 960419

3. Authority for separation:

         a. Regulation: Chapter 7, AR 135-178

          b. Reason: Misconduct-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:
                            ARCOM
a. Period entered for: 6 Years
b. Entry date: 911019
c. Age: 29 Years DOB: 620408
d. Educational level: Col Grad
e. Aptitude area score:
          GT: 106 3. Highest grade achieved:
f. Length of Service: E7
4 Years 6 Months 1 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: NONE
         Date     Offense(s)
        


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
         USAR 790713 791219 HD
         USAR 791220 850508 NA
         USAR 850509 901210 NA
         USAR 901211 910604 HD



PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that on 21 May 1994, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested a hearing by a board of officers and elected not to submit a statement in his own behalf. On 15 March 1996, Orders 96-075-021, DA, HQ, US Army Reserve Command, GA, discharged applicant from the USAR, effective date: 19 April 1996, with a general, under honorable conditions discharge (GD), under the provisions of Chapter 7, AR 135-178, for misconduct-abuse of illegal drugs.

         b. On 19 April 1996, the applicant was discharged with a GD. At the time of his discharge he had completed 4 years, 6 months, and 1 day of service on the enlistment under review, and a total of 16 years, 9 months, and 11 days of credible military service.

         c. The applicant’s record shows that he completed almost 17 years of military service, primarily in the Army Reserves; that he attained the rank of sergeant first class/E-7; and that he earned an Army Commendation Medal, two Army Reserve Achievement Medals, and the Armed Forces Reserve Medal. It is clear from both the evidence of record and the facts advanced by the applicant that he tested positive for cocaine use. As required by AR 135-178, the applicant’s unit commander processed the applicant for separation based on the commission of a serious offense. AR 135-178 requires that soldiers in the rank of sergeant and above be processed for separation upon the discovery of a drug offense. The applicant was afforded all rights associated with the separation action and his case was heard by an administrative separation board. This board recommended that the applicant be discharged for misconduct and that he receive a GD. The separation authority accepted the recommendation of the board and approved the applicant’s discharge with a GD.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. Chapter 7 of the regulation, in effect at the time, governed separation for acts or patterns of misconduct. The regulation provided, in pertinent part, that soldiers in the rank of sergeant or above would be processed for separation upon the discovery of a drug offense. When discharged under this provision, Army policy states that the characterization of service will normally be under other than honorable conditions. The regulation also permitted the characterization of service as under honorable conditions if warranted by the overall record of service; however, a characterization of service as honorable is not authorized unless the individual’s record is so meritorious that any other characterization would be inappropriate.
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 990225.
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 149, dated 990225.

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 28 April 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: (3) The characterization of service was 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 number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

(3) The issue is accepted. There was a full consideration of all service including the infraction of discipline, the extent thereof, and the seriousness of the offense. The Board determined that the characterization of service was inequitable because the applicant's generally acceptable personal conduct and performance of duty mitigated his misconduct. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.

(1) and (2) See Paragraph 3, below.




 3. Response to items not addressed as decisional issues:

 Inasmuch as the Board voted to grant the relief requested by the applicant, responses to remaining issues are neither required nor rendered.

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 Honorable .
         ( )      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 3 2

         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: 30 April 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 characterization of the discharge to Honorable .
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: 1999025023 INDEX NUMBERS: A9218
Date of Review: 990428 A9236
Character of Service: GD A9412
Date of Discharge: 960419 A0100
Authority: AR 135-178 C7
Reason: A6730
Results of Board Action/
Vote/Affirmation: HD 3-2 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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