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):  020325

3.  Authority for separation:

      a.  Regulation:  Chapter 2, AR 135-175

      b.  Reason:  Involuntary Separation

4.  Prior review(s):  Records Review (030818)



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ARCAMDL (2)
    a.  Period entered for:  Indefinite            GCMDL
    b.  Entry date:  980418                        NDSM
    c.  Age:  40 Years   DOB:  570723              NCOPDR-1
    d.  Educational level:  Coll. Grad             ASR
    e.  Aptitude area score:
          GT:  NA                                3.  Highest grade
achieved:
    f.  Length of Service:                         O2
          3 Years  11 Months  18 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
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge
      USAR  880204     880301     Honorable
      RA    880302     930301     Honorable
      USAR  930302     980417     NA




                         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 from the USAR are not contained within the file.  Evidence of
records shows that on 25 February 2002, DA, US Army Reserve Personnel
Command, 1 Reserve Way, St. Louis, Missouri, Orders D-02-208735 discharged
the applicant from the United States Army Reserve with a characterization
of service of under other than honorable conditions, effective 25 March
2002.

      b.  On 25 March 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 11 months, and 8 days of
active military service in the period under review and had a total of 14
years, 1 month and 21 days of active military service.

      c.  The record contains a 15 November 2001 memorandum from the
applicant’s senior defense counsel indicating that he was recommended for
involuntary separation under the provisions of AR 135-175, Chapter 2, by
reason of illegal use of cocaine.  On 29 October 2001, the applicant
appeared before a board of officers, and by two-thirds vote, the Board
found that the respondent used an illegal drug and that his misconduct
warranted separation from the military service with an under other than
honorable conditions.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 135-175
sets forth the basic authority for separation of officer personnel. Chapter
2 prescribes the criteria and procedures governing the involuntary
separation of USAR officers when their retention is not in the best
interest of the service.  Officers discharged under this chapter may be
furnished an honorable or general discharge certificate, or other than
honorable conditions discharge.


                      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 031030, with no enclosure(s).
      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:  Dallas, TX on 24 March 2004.

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

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

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

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

2.  Exhibit(s) submitted at hearing:  4 issues.
                        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:  (5)  The characterization of service was 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.

        (5)  The issue is accepted.  The Board carefully examined the
applicant’s record during the period of service 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.  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 voted to grant partial 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.

        (4)  The issue is rejected.  .  The applicant’s request pertaining
to changing his RE Code does not fall within the purview of this Board and
must be addressed to the Army Board for Correction of Military Records
(ABCMR).  Since the applicant has already submitted a DD Form 149
(application to the ABCMR), his records have been forwarded to that Board
for further review and action.

        (1-3)  The issues are rejected.  See response to issue (5), 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 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

TO: ARBA Support Division-St Louis      Date:  2 April 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 Honorable.

                          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:  2003099543                    INDEX NUMBERS:  A9406
Date of Review:  040324                                   A9218
Character of Service:  UD                                 A0100
Date of Discharge:  020325
Authority:  AR 135-175, C2
Reason:  A6770
Results of Board Action/
Vote/Affirmation:  HD 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