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):  971106

3.  Authority for separation:

      a.  Regulation:  Chapter 14, AR 635-200

      b.  Reason:  Misconduct-Abuse 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:
                                           ARCOM(4th Awd) OSR
    a.  Period entered for:  3 Years (Ext 6 mos &  GCMDL(3rd Awd)
    b.  Entry date:  960930             18 days)   NDSM
    c.  Age:  32 Years   DOB:  640111              NCOPDRw/Num2
    d.  Educational level:  HS Grad                ASR
    e.  Aptitude area score:
          GT:  120                               3.  Highest grade
achieved:
    f.  Length of Service:                         E6
          1 Year  1 Month  7 Days

                                               4.  Performance evaluations:

                                                   NONE
                                                   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
      RA    830504     950430     Honorable
        (Continuous Service)
      USAR  950501     960312     NA
___________
      ARNGUS     960313      960929     NA





                         PART IV - PREHEARING REVIEW

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

      a.  All the facts and circumstances leading to the applicant’s
discharge are not contained in the available records.  The evidence of
record shows that while the applicant was on active duty as an Active Guard
Reserve with the Massachusetts Army National Guard he tested positive for
cocaine.  At his request, his urine sample was retested, which resulted in
a second positive.  On 24 October 1997, the unit commander initiated action
to release the applicant from active duty.  This action was approved and on
6 November 1997 the applicant was released from active duty as an Active
Guard Reserve and returned to the control of the Massachusetts Army
National Guard.  The record contains a properly constituted DD Form 214
(Certificate of Release or Discharge from Active Duty) which shows the
applicant was released from active duty under the provisions of Chapter 14,
AR 635-200, by reason of misconduct-abuse of illegal drugs.

      b.  On 6 November 1997, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 8 months, and 13 days of
military service in the period under review and had a total of 13 years, 9
months, and 26 days.

      c.  Based on the applicant’s release from active duty as an Active
Guard Reserve, the applicant was processed for separation from the
Massachusetts National Guard and as a Reserve of the Army.  On 20 November
1997, an administrative board commenced to determine the retention of the
applicant with the Massachusetts Army National Guard.  The board concluded
that the applicant did test positive for abuse of illegal drugs and
recommended that he be discharged, with a general, under honorable
conditions discharge.  The Adjutant General approved the findings and
recommendations of the board.  On 25 November 1997, the Commonwealth of
Massachusetts, Military Division, The Adjutant General’s Office, Milford,
Massachusetts, Orders 330-02, discharged the applicant from the Army
National Guard and as a Reserve of the Army.  The record contains a
properly constituted NGB Form 22 (Report of Separation and Record of
Service), indicating discharge under the provisions of Chapter 8, paragraph
8-26e(2) NGR 600-200, by reason of misconduct-1st time offender SGT or
above (abuse of illegal drugs), with a characterization of general, under
honorable conditions, and a RE code 3.

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.

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.  The
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.

                      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 031020, with seven (7) 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:  New York, NY on 15 June 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:   ( X ) Yes   (   ) No

2.  Exhibit(s) submitted at hearing:  12 documents.
                        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:  (16)  The characterization of service was 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.

        (1-7; 11-15)  The issues are rejected.  The applicant’s record does
not contain all the facts and circumstances concerning events that led to
his relief from active duty.  In the absence of evidence to the contrary,
the Board presumed government regularity in the discharge process.
Accordingly,  the Board determined that the reason for discharge was both
proper and equitable, and voted not to change it.

      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.

        (16)  The issue is accepted.  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.  Notwithstanding the propriety
of the discharge, the Board found that the length and quality of the
applicant’s service mitigated his misconduct.  In view of the foregoing,
the Board determined that the characterization of service was inequitable.
Accordingly, the Board recommended that the Massachusetts Army National
Guard grant partial relief in the form of an upgrade of characterization of
service to fully honorable.

        (8-10)  The issues are rejected.  See response to issues, above.

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 on
           DD Form 214 and NGB Form 22 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

                          
Ms. McKim-Spilker
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

Thru: Chief, National Guard Bureau            Date:  25 June 2004
To:   Adjutant General, State of Massachusetts

     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 Massachusetts, with
issuance of a new DD Form 214 and NGB Form 22, as follows:

           ( X ) Change characterization of discharge on DD Form 214 and
                 NGB Form 22 to Honorable.
           ( X ) Other (see remarks below).

Remarks:  TAGO, MILFORD,MA, issue new DD Form 214 releasing applicant from
          active duty with an honorable discharge; issue new NGB Form 22
          discharging the applicant from the MAARNG and as a Reserve of the
          Army with an honorable discharge; void original discharge order
          and issue new order discharging the applicant from the MAARNG and
          as a Reserve of the Army with an honorable discharge.

                          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:  2003097705                    INDEX NUMBERS:  A9406
Date of Review:  040615                                   A9218
Character of Service:  GD                                 A0100
Date of Discharge:  971125
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