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ARMY | DRB | CY1999 | 1999029004
Original file (1999029004.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): 861104

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct-Drug Abuse
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            AAM
a. Period entered for: 4 Years ASR
b. Entry date: 840731
c. Age: 18 Years DOB: 660726
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 102 3. Highest grade achieved:
f. Length of Service: E3
2 Years 3 Months 4 Days

4. Performance evaluations:
NONE

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)
         860314   Wrongfully use marijuana, between (851114 and 851214)
         860707   Wrongfully use marijuana between (860224 and 860325)
         860805   As a result of overindulgence in intoxicating liquor, incapacitated for the proper performance of your duties (860722)

7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: Bar to Reenlistment, dated 30 June 1986.
SECTION B - Prior Service Data
NONE

Other discharge(s):

          Service   From      To        Type Discharge





PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 18 September 1986, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—drug abuse, 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 consideration of his case by an administrative separation Board, and elected not to submit 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 27 October 1986, the separation authority waived further rehabilitative efforts and directed that the applicant be separated with a UOHC discharge.

         b. On 4 November 1986, the applicant was separated with a UOHC discharge. At the time of discharge, the applicant had completed 2 years, 3 months, and
4 days of active military service.

         c. The applicant’s record shows that he completed over two years of service; attained the rank of private first class/E-3; and earned an Army Achievement Medal. The record also includes an extensive disciplinary record which includes three Article 15’s: the first on 14 March 1986, for wrongfully using marijuana which resulted in a reduction in rank to private/E-1; the second on 7 July 1986, for wrongfully using marijuana; and the third on 5 August 1986, for being incapacitated for the proper performance of his duty based on previous overindulgence in intoxicating liquor. The record also shows that a bar to reenlistment was imposed on the applicant on 7 July 1986 based on his wrongful use of marijuana. The unit commander processed the applicant for separation for the commission of a serious offense based on his use of illegal drugs and recommended that the applicant receive a UOHC discharge. The applicant after consulting counsel and being advised of the impact of the discharge action elected to waive his right to have his case heard by an administrative separation board.

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 990630.
         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 4 August 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 characterization of service was too harsh.
(3) 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 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. There was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board determined that the characterization of service was inequitable because the quality of the applicant's service did not warrant the granting of an under other than honorable conditions discharge. The applicant's failure to perform in accordance with Army standards was mitigated 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 an upgrade of characterization of service to general, under honorable conditions.

(3) 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, his misconduct was the result of being in the wrong crowd with whom he overindulged in the use of alcohol and illegal drugs, as outlined in his issue statement to the Board. However, the Board concluded that the applicant, by violating the Army's policy not to possess or use illegal drugs, clearly diminished the quality of his service below that meriting a fully honorable discharge. Therefore, the Board determined that relief beyond that already provided in response to issues (2) and (3) above is not warranted.

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.
         ( X )    Inequitable as to characterization. Change characterization to General, Under Honorable Conditions .
         ( 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 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, 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: 6 August 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 General, Under Honorable Conditions.
 ( X )   Change the reason and authority for discharge to Misconduct under Chapter 14, AR 635-200.

 Remarks: There is no grade restoration associated with this action as the applicant was reduced to PV1 as a result of an Article 15 action, and not based on the separation action.

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: 1999029004 INDEX NUMBERS: A9218
Date of Review: 990804 A9318
Character of Service: UD A9320
Date of Discharge: 861104 A0100
Authority: AR 635-200 C14
Reason: A6770
Results of Board Action/
Vote/Affirmation: GD 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.      PO  X         X       





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