PART II - APPLICATION DATA

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

1.  Character of Discharge:  Under Other Than Honorable Conditions

2.  Date of discharge (or REFRAD):  911220

3.  Authority for separation:

      a.  Regulation:  Chapter 14, AR 635-200

      b.  Reason:  Misconduct

4.  Prior review(s):  Records Review (960718)



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ARCOM (2nd Awd) NCOPDRw/Num3
    a.  Period entered for:  6 Years               GCMDL (5th Awd) ASR
    b.  Entry date:  851001                        NDSM           OSR
    c.  Age:  42 Years   DOB:  430201
    d.  Educational level:  Col Grad
    e.  Aptitude area score:
          GT:  153                               3.  Highest grade
achieved:
    f.  Length of Service:                         E7
          6 Years  2 Months  20 Days

                                               4.  Performance evaluations:

                                                   See OMPF (fiche)

                         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:  Refer to the applicant’s OMPF for the U.S. District Court’s
              Post-Sentence Report, dated 18 May 1989.  It appears the
                 applicant has lost time due to AWOL and lost time due to
                 civilian confinement from 880423-911220.  Lost time is not
                 reflected on the applicant’s DD Form 214.

                       SECTION B - Prior Service Data

Other discharge(s):

      Service    From  To    Type Discharge
      RA    630805     670206     Honorable
      USARCGP    670207      671002     Honorable
      RA    740627     780514     Honorable
      RA    780515     830602     Honorable
      RA    830603     850930     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  The evidence of record shows that on 23 April 1988, the applicant
was arrested by U.S. Customs for importation of cocaine and possession with
intent to distribute cocaine.  The applicant was detained without bond and
appeared before a U.S. District Court on 30 September 1988.  He pled not
guilty, but was found guilty of both charges and sentenced to prison for 10
years.  The unit commander subsequently notified the applicant of
initiation of separation action under the provisions of Chapter l4, AR 635-
200, by reason of misconduct-commission of a serious offense, with an under
other than honorable conditions discharge.  He was advised of his rights.
On 17 July 1991 the applicant acknowledged notification, waived legal
counsel, waived a hearing by a board of officers, and did not submit a
statement in his own behalf.  On 5 August 1991, the unit commander
recommended separation from the service.  On 27 August 1991, the
intermediate commander concurred with the unit commander’s recommendation,
with an under other than honorable conditions discharge.  On 13 September
1991, the separation authority approved the separation with a
characterization of service of under other than honorable conditions.

      b.  On 20 December 1991, the applicant was discharged.  At the time
of discharge, the applicant had completed 6 years, 2 months and 20 days of
active military service in the period under review and had a total of 21
years, 7 months, and 22 days of total 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 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 030225, with 18 enclosures.
      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:
         (   ) Records review             ( X ) Hearing

      b. Type Held:
         (   )Records review              ( X ) Hearing
                                          (   ) Tender Offer

      c. Review/hearing location and date:  Los Angeles, CA on 25 February
2004.

      d. Appearance by:
         Applicant                 ( X ) Yes   (   ) No
         Counsel                   (   ) Yes   ( X ) No

      e.  Applicant testified:     ( X ) Yes   (   ) No

      f.  Counsel presentation:    (   ) Yes   ( X ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  1 additional issue – narrative
reason.
                        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:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      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.

        (1)  The issue is rejected.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review
and heard his testimony.  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.  Paragraph 14-12c, AR 635-200,
sets forth the procedures for separating individuals who commit serious
offenses if the specific circumstances of the offense warrant separation.
The applicant’s command determined that the applicant’s civilian conviction
for importation of cocaine and intent to sell cocaine were serious offenses
and that this misconduct warranted separation from the Army.  The
applicant's discharge was appropriate because the quality of service was
not consistent with the Army's standards for acceptable personal conduct
and performance of duty by military personnel.  By misconduct, the
applicant diminished the quality of service below that meriting a fully
honorable or general discharge.  The applicant provided no independent
corroborating evidence demonstrating that either the command's action was
erroneous or that the applicant’s service mitigated the misconduct or poor
duty performance.  The Board notes the applicant’s letter and other
documents with his application outlining his successful accomplishments
since separation from active duty.  The applicant is to be commended for
his efforts.  However, these accomplishments do not provide the Board a
basis upon which to grant relief.  Individuals are assigned  RE codes based
on their service records or the reason for discharge.  The applicant was
appropriately assigned an RE code of 3 because he was separated under the
provisions of AR 635-200, Chapter 14, by reason of misconduct.  This Board
found no bases upon which to change the applicant’s reason for discharge
because it was properly based upon his record of misconduct during his
tenure of service.  The Board, being convinced that the reason for
discharge and the characterization of service were both proper and
equitable, voted to deny relief.

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                      .

      ( X ) Equitable.
      (   ) Inequitable as to characterization.  Change characterization to
                                         .
      (   ) 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       2         3

        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

                          
Ms. McKim-Spilker
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

                                    NONE

                          SECTION B - CERTIFICATION

Approval Authority:


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

Official:




MARY E. SHAW
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:  2003085896                    INDEX NUMBERS:  A9405
Date of Review:  040225                                   A9217
Character of Service:  UD                                 A9235
Date of Discharge:  911220                                A0113
Authority:  AR 635-200 C14
Reason:  A6730
Results of Board Action/
Vote/Affirmation:  NC 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.      PO           X                 X