PART II - APPLICATION DATA

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

1.  Character of Discharge:  Bad Conduct

2.  Date of discharge (or REFRAD):  980811

3.  Authority for separation:

	a.  Regulation:  Chapter 3, AR 635-200

	b.  Reason:  Court-Martial, Other

4.  Prior review(s):  NONE



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          ARCOM              OSR (2)          
a.  Period entered for: 4 Years                AAM (2ndAwd)
b.  Entry date: 960724                         GCMDL (2ndAwd)       
c.  Age: 31  Years   DOB: 650701               NDSM                                   
d.  Educational level:  HS Grad                NCOPDR                                  
e.  Aptitude area score:                       ASR
	    GT: 120                                3.  Highest grade achieved:
    f.  Length of Service:                         E5
         1 Year(s)  11 Month(s)  12 Day(s)                                  
                                                           
                                               4.  Performance evaluations:  
                                                   See OMPF 
                                                 

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  
                                                                    
    Status       Inclusive dates                       
	AWOL         0                                                      

	Mil conf     971125-971230;                                                      

	Civil conf   0                                                      

	Other        0                                                      


6.  Nonjudicial punishment:  NONE

	Date 	Offense(s)
	


7.  Court-Martial data:  

	a.  SCM:  
		Date   Offense(s)
                     
	
	b.  SPCM:  
		Date   Offense(s)
		971125 Wrongfully used cocaine between (970710 and 970717), and wrongfully used cocaine again between (970826 and 970902).  

	c.  GCM:	 
		Date   Offense(s)


8.	Remarks:  The applicant has an approved Bar to Reenlistment in file dated (970402).  


SECTION B - Prior Service Data


Other discharge(s):

	Service	From	To	Type Discharge
	RA	901023	960723	Honorable





PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that on 25 November 1997, the applicant was found guilty by a special court-martial of wrongfully using cocaine between (970710 and 970717) and wrongfully using cocaine again between (970826 and 970902).  He was sentenced to be discharged with a Bad Conduct Discharge, confined for a period of 113 days, forfeiture of $600.00 pay per month for four months, and reduction to E1.  On 22 December 1997, the sentence was approved.  The record of trial was forwarded to The Judge Advocate General of The Army for review by the Court of Military Review.  The United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 14 July 1998, the sentence having been affirmed pursuant to Article 71© having been complied with, the sentence was ordered to be executed.  

	b.  On 11 August 1998, the applicant was discharged.  At the time of discharge, the applicant had completed 1 year, 11 months, and 12 days of active military service and accrued 36 days of lost time in the period under review and had a total of 7 years, 8 months and 11 days of active military service.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3, Section IV, establishes policy and procedures for separating members with a dishonorable or bad conduct discharge; and provides that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial; and that the appellate review must be completed and the affirmed sentence ordered duly executed.


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 020107.
	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, DC on 20 February 2002.  

	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)  Clemency is warranted.

	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.  The Board carefully reviewed the applicant’s military record and found that clemency was warranted.  Accordingly, the Board voted to upgrade the applicant’s characterization of service to general, under honorable conditions.  A change in the reason for discharge is not authorized under Federal statute.  

        (1)  See Paragraph 3, below.

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

    Inasmuch as the Board voted to grant the full relief requested, response to the remaining issue is 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 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       4         1   

	  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. RON WILLIAMS                                   
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  20 February 2002  

     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 discharge to General, Under Honorable Conditions.



SECTION B - CERTIFICATION

Approval Authority:


GERARD W. SCHWARTZ
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




EARNEST C. SMITH, JR.    
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:  2002067265                    INDEX NUMBERS:  A9106
Date of Review:  020220                                   A9446
Character of Service:  BCD                                A9218
Date of Discharge:  980811                                
Authority:  AR 635-200 C3                                 
Reason:  A6800                                            
Results of Board Action/                                  
Vote/Affirmation:  GD 4-1 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