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):  950515

3.  Authority for separation:

      a.  Regulation:  Chapter 7, AR 135-178

      b.  Reason:  Misconduct

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:  6 Years               ARCAM (2)
    b.  Entry date:  910922                        NDSM
    c.  Age:  33 Years   DOB:  580406              ASR
    d.  Educational level:  GED
    e.  Aptitude area score:
          GT:  96                                3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          3 Years  7 Months  23 Days

                                               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:  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
      ARNGUS     791129      800406     NA
      IADT  800407     800919     Honorable
      ARNGUS     800920      860907     Honorable
      USAR  800908     880728     NA
      ADT   880729     880930     Uncharacterized
      USAR  881001     910921     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  The specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records.  Evidence
of record shows that on 7 May 1995, DA, HQ, 81st U.S. Army Reserve Command,
East Point, Georgia, Orders 048-029 discharged the applicant from the
United States Army Reserve, effective date 15 May 1995, with a
characterization of service of general, under honorable conditions.

      b.  On 15 May 1995, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 7 months, and 24 days of
military service in the period under review and had a total of 15 years, 5
months, and 17 days of total military service.

      c.  Other than the applicant’s discharge order, her OMPF does not
contain any documents concerning her separation action.  However, enclosed
with her application is her 7 March 1995 memorandum for her unit commander,
subject “Letter in Support for Conditional Waiver and Separation under AR
135-178, Chapter 7.”  In this memorandum she requests a conditional waiver
of a board and discharge from the U.S. Army Reserve.  She further states
that the only negative blot in her career was a positive urinalysis for
THC, which appears to be the basis for her discharge.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 135-178
(Separation of Enlisted Personnel) provides for the separation of enlisted
personnel of the Army Reserve and Army National Guard.  Chapter 7 of the
regulation, in effect at the time, governed separation for acts or patterns
of misconduct, including unsatisfactory participation.  The regulation
provided that the separation authority could disapprove the commander’s
recommendation for discharge for misconduct and direct disposition by other
means, disapprove the recommendation for separation for misconduct and
direct separation for unsatisfactory performance, or convene a board of
officers to determine whether the service member should be separated for
misconduct.  When discharged under this provision, Army policy states that
the characterization of service will normally be under other than honorable
conditions.  The regulation also permitted the characterization of service
as under honorable conditions, but did not authorize the characterization
of service as honorable.


                      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 030811, with four (4) 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 9 June 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.  The Board carefully examined the
available records for the period of enlistment 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.  Although all the facts and circumstanced pertaining to the
applicant’s discharge are not a matter of record, the Board found
sufficient evidence to show that the applicant was discharged as a result
of testing positive for marijuana.  The Board does not condone the
applicant’s misconduct; however, determine that the characterization of
service is inequitable.  The Board found that the applicant’s misconduct
was mitigated by service of sufficient merit to warrant an upgrade of the
characterization of service.  Accordingly, the Board voted to grant relief
in the form of an upgrade of characterization of service to fully
honorable.  The Board determined that the reason for discharge was 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

TO: ARBA Support Division-St Louis      Date:  10 June 2004

     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
discharge order from the Reserve of the Army 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 voidance of the original order separating the
          applicant from the Reserve of the Army and issuance of a new order
          incorporating the aforementioned change to characterization of
          service.

                          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:  2003095869                    INDEX NUMBERS:  A9406
Date of Review:  040609                                   A9218
Character of Service:  GD                                 A0143
Date of Discharge:  950515
Authority:  AR 135-178
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