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ARMY | DRB | CY2003 | 2003084940
Original file (2003084940.rtf) Auto-classification: Approved
PART II - APPLICATION DATA

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

1. Character of Discharge: General, Under Honorable Conditions

2. Date of discharge (or REFRAD): 011217

3. Authority for separation:

         a. Regulation: Chapter 2, AR 135-175

          b. Reason: Moral or Professional Dereliction

4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ARCOM (3rdAwd) C/Ach
a. Period entered for: Indefinite AAM
b. Entry date: 930802 NDSM
c. Age: 26 Years DOB: 560816 AFRM
d. Educational level: Coll. Grad ASR
e. Aptitude area score: OSR
          GT: N/A 3. Highest grade achieved:
f. Length of Service: 04
8 Year(s) 4 Month(s) 16 Day(s)

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)
        

         _______________________________________
         010813   Letter of reprimand-for wrongfully using marijuana (Administrative).


 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
         USMCR    790519   800206   Honorable
         ADT      800207   800909   NA
         USMCR    800910   820822   NA
         USAR/AD  820823   930801   Honorable
         (Concurrent Service)



PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 2, AR 135-175, by reason of misconduct-abuse of illegal drugs, with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and requested a hearing by a board of officers, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The applicant was notified to appear before a board of officers, and advised of his rights. On 3 December 2000, the board met; applicant appeared with counsel. The board recommended separation with a general, under honorable conditions discharge. On 14 November 2001, the separation authority approved the board’s findings and recommendation with a characterization of service of general, under honorable conditions.

         b. On 17 December 2001, the applicant was discharged. At the time of discharge, the applicant had completed 8 years, 4 months, and 16 days of active military service in the period under review and had a total of 22 years, 6 months and 28 days of active military service.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 135-175 sets forth the basic authority for the separation of officer personnel. Chapter 2, Paragraph 2-12, establishes policy and prescribes procedures for separating members for moral or professional dereliction. Acts of personal misconduct including, but not limited to, acts committed while in a drunken or drug-intoxicated state. Conduct unbecoming an officer. Officers discharged for any of the following reasons may be furnished an honorable or general discharge certificate, or other than honorable conditions discharge.
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 030201, with twelve (12) tabs of supporting enclosure(s).
          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 24 September 2003 .

         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: (4) The characterization of service is too harsh.

         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 parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

 (1), (2), and (3) The issues are rejected. The Board determined that the contentions raised by the applicant were appropriately considered during his administrative separation board and properly adjudicated during the appellate review process. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The Board, being convinced that the reason for discharge was both proper and equitable, voted not to change it. See response to issue (4) below.

          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.
(4) The issue is accepted. The Board carefully examined the applicant’s record for the period of service under review. There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense. The Board does not condone the applicant’s misconduct; however, determined that the characterization of service is inequitable because the applicant's generally acceptable personal conduct and performance of duty mitigated the discrediting entry in the service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to fully honorable.

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 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 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. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 26 September 2003

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 characterization of discharge to
Honorable.
( X )   Other (see remarks below).
Remarks: This action entails issuing a new order discharging the applicant
 from the Reserve of the Army with an Honorable characterization of
service
SECTION B - CERTIFICATION

Approval Authority:


SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




JOHN F. LONG
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: 2003084940 INDEX NUMBERS: A9406
Date of Review: 030924 A9218
Character of Service: GD A0101
Date of Discharge: 011217 A0113
Authority: AR 135-175 C2
Reason: A8100
Results of Board Action/
Vote/Affirmation: HD 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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