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):  991031

3.  Authority for separation:

      a.  Regulation:  Chapter 8, paragraph 8-26e(2), NGR 600-200

      b.  Reason:  Misconduct-Use of 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:
                                           AAM         KLM
    a.  Period entered for:  1 Year (Ext 3 yrs)    NDSM        CIB
    b.  Entry date:  960702                        ASR
    c.  Age:     Years   DOB:  620601              Multi-National Force
    d.  Educational level:  HS Grad                   and Observers Medal
    e.  Aptitude area score:
          GT:  104                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          3 Years  3 Months  29 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:  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 (DEP) 850808      851125     NA
      RA    851126     881125     Honorable
      USAR  881126     900403     NA
      RA    900404     911213     Honorable
      USAR  911214     920713     NA
      ARNGUS     920714      940713     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  The specific facts and circumstances leading to the applicant’s
discharge are not contained in the available records.  The record contains
a properly constituted NGB Form 22 (Departments of the Army and Air Force
National Guard Bureau Report of Separation and Record of Service).  His NGB
Form 22 indicates that he was discharged under the provisions of Chapter 8,
paragraph 8-26e(2), NGR 600-200, by reason of first-time drug offender,
with a characterization of service of general, under honorable conditions,
and a RE code of 3.

      b.  On 31 October 1999, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 3 months, and 29 days of
military service in the period under review and had a total of 12 years, 2
months, and 5 days of total military service.

      c.  It appears that the information contained in block 23, Authority
and Reason, of the applicant’s NGB Form 22 is incorrect.  The applicant’s
NGB Form 22 cites the authority and reason for discharge as “Para 8-
26e(2)(b), NGR 600-200, First-time drug offenders CPL and below with less
than 3yrs of svc”.  The applicant had more than three (3) years of total
military service.  Therefore, the authority and reason should be, “Para 8-
26e(2)(a), NGR 600-200, First time drug offender in the grade of SGT and
above and all soldiers with 3 or more years of total military service.

2.  Legal/Regulatory Basis for Separation Action:  National Guard
Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures for
the administrative separation of enlisted personnel of the Army National
Guard and Army Reserve.  Chapter 8 of NGR 600-200 covers, in pertinent
part, reasons for discharge and separation of enlisted personnel from the
State Army National Guard and as a Reserve of the Army.  This regulation
defines misconduct by reason of one or more of the following:  minor
disciplinary infractions, a pattern of misconduct, commission of a serious
offense, abuse of illegal drugs, and conviction by civil authorities.
Paragraph 8-26e(2) of that regulation provides in pertinent part that
individuals can be separated for misconduct-abuse of illegal drugs.


                      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 030818, with no 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:
         ( X ) Records review             (   ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 28 April
2004.

      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 is 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.

        (2)  The issue is accepted.  Notwithstanding the fact that the
specific facts and circumstances leading to the applicant’s discharge are
not in file, the Board found sufficient evidence to show that the applicant
was processed for discharge due to his being a first time drug offender
with more than 3 years of total military service.  The Board does not
condone the applicant’s misconduct; however, determined that the
characterization of service is inequitable.  The Board based the foregoing
determination on fact that the preponderance of the applicant’s service was
honorable (i.e., more than 3 years and 3 months) and the fact that the
applicant’s was not reduced in grade prior to separation.  Accordingly, the
Board voted to grant relief in the form of an upgrade of characterization
of service to fully honorable.  The Board recommends that the Adjutant
General, State of Arizona, consider changing the applicant’s
characterization of service to honorable and issue the applicant a new NGB
Form 22.  However, the Board directs that the applicant’s discharge order
from the Reserve of the Army, issued by the State of Arizona, be changed to
reflect a characterization of service of honorable.  The Board determined
that the reason for discharge was both proper and equitable and voted not
to change it.

        (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
           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

Thru: Chief, National Guard Bureau            Date:  30 April 2004.
To:   Adjutant General, State of Florida

     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 recommends that the applicant be considered for a change of
his discharge by the Adjutant General, State of Arizona, with issuance of a
new NGB Form 22, as follows:

           ( X ) Change characterization of discharge to Honorable.
           ( X ) Other (see remarks below).

Remarks:  This action entails a change to the applicant’s discharge from
the Reserve of the Army to reflect an Honorable characterization of
service.  ARBA Support Division-St. Louis, is directed to insure that the
applicant’s discharge from the Reserve of the Army reflects the
aforementioned change.

                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
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:  2003095524                    INDEX NUMBERS:  A9406
Date of Review:  040428                                   A9218
Character of Service:  GD                                 A0113
Date of Discharge:  991031
Authority:  NGR 600-200 C8
Reason:  A6770
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