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):  901114

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:
                                           AAM
    a.  Period entered for:  3 Years               ASR
    b.  Entry date:  871117                        CIB
    c.  Age:  19 Years   DOB:  680120              AFEM


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  93                                3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          2 Year(s)  11 Month(s)  17 Day(s)


                                               4.  Performance evaluations:

                                                   NONE

                         PART III - SERVICE HISTORY
           SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:

    Status       Inclusive dates
      AWOL

      Mil conf     900822-900903;

      Civil conf

      Other


6.  Nonjudicial punishment:

      Date  Offense(s)
      900523     Dereliction of duty by willfully failing to secure M16
                 in unit arms room on (900510); violate lawful general
order
                 by wrongfully entering an off-limits area on (900519)
                 (Field Grade);
      890706     Wrongfully use cocaine (890422-890522) (Field Grade);

7.  Court-Martial data:

      a.  SCM:
            Date   Offense(s)
            900821 Breaking restriction; failing to repair;




      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  The official record contains an MP Report dated 900519.


                       SECTION B - Prior Service Data
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge





                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 4 September 1990, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter l4, AR 635-200, by reason of misconduct—patterns
of misconduct, with an under other than 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 did not submit a
statement in his own behalf.  On 5 September 1990, the applicant waived his
right to a separation board contingent upon him receiving a general, under
honorable conditions discharge.  On 10 October 1990, the applicant’s
conditional waiver was disapproved and he was ordered to appear before an
administrative separation board.  On 16 October 1990, the applicant
unconditionally waived his rights to appear before an administrative board.
 The unit commander subsequently recommended separation from the service
and waiver of further rehabilitative efforts.  The intermediate
commander(s) reviewed the proposed discharge action and recommended
approval of the separation action with an under other than honorable
conditions discharge.  On 29 October 1990, the separation authority waived
further rehabilitative efforts and directed that the applicant be
discharged with a characterization of service of under other than honorable
conditions.

      b.  On 14 November 1990, the applicant was discharged.  At the time
of discharge, the applicant had completed 2 years, 11 months, and 17 days
of active military service and accrued 13 days of lost time due to military
confinement in the period under review.

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 031105.
      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, D.C. on 28 July
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 Issues:  (2)  The characterization of service was too harsh.
                         (3)  The narrative reason for discharge is
inequitable.

      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
applicant’s record of service during the period of enlistment under review.
 There was a full consideration of all faithful and honorable service as
well as the infractions of discipline, the extent thereof, and the
seriousness of the offenses.  Although the Board does not condone the
applicant’s misconduct, the Board determined that the applicant’s
infractions did not rise to the level warranting an under other than
honorable conditions discharge and that he had service of sufficient merit
to partially mitigate the characterization of service granted.  Further,
given the time elapsed since the applicant’s discharge, the personal awards
and decorations he received, and his length of service, the Board found
that the characterization of service granted is now inequitable.
Accordingly, the Board voted to grant partial relief in the form of an
upgrade of characterization of service to general, under honorable
conditions.

        (3)  The issue is accepted.  The evidence of record shows that the
appropriate authority approved the applicant’s discharge under the
provisions of Chapter 14, AR 635-200, by reason of “Misconduct – Pattern of
Misconduct.”  However, someone involved in the discharge process
erroneously changed the narrative reason for separation to “Misconduct -
Abuse of Illegal Drugs.”  Additionally, regulations currently in effect
list the reason for the applicant’s discharge as “Misconduct.”
Accordingly, the Board directs a correction of the narrative reason for
separation on the applicant’s DD Form 214 from “Misconduct-Abuse of Illegal
Drugs” to “Misconduct.”  This correction includes a change in the
separation code from “JKK” to “JKA.”

        (1)  The issue is rejected.  The Board determined that the
applicant’s misconduct diminished the quality of his service below that
meriting a fully honorable discharge.

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
           General, Under Honorable Conditions.
      ( X ) Inequitable as to reason.  Change reason to Misconduct
            under Chapter 14-12b, AR 635-200.
      (   ) 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       5         0
    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
                  1901 South Bell Street, 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

TO: ARBA Support Division-St Louis      Date:  30 July 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
DD Form 2l4 to the applicant which reflects the following directed
change(s):

           ( X ) Change characterization of discharge to General, Under
                 Honorable Conditions.
           ( X ) Change reason and authority for discharge to
            Misconduct, AR 635-200.
           ( X ) Other (see remarks below).

Remarks:  Change SPD to “JKA.”

                          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:  20003098906                   INDEX NUMBERS:  A9406
Date of Review:  040728                                   A9218
Character of Service:  UD                                 A9456
Date of Discharge:  901114                                A9442
Authority:  AR 635-200 C14                                A0100
Reason:  A6750
Results of Board Action/
Vote/Affirmation:  GD 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