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):  021029

3.  Authority for separation:

      a.  Regulation:  AR 135-178

      b.  Reason:  NIF

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           AAM (2)        ASR
    a.  Period entered for:  6 Years               GCMDL          NATO MDL
    b.  Entry date:  011004                        ARCAM (2)
    c.  Age:  39 Years   DOB:  620222              AFRM w/M Dev
    d.  Educational level:  HS Grad                NCOPDR-2
    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          1 Year  0 Months  26 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
      USAR  800308     800618     NA
      ADT   800619     800930     Honorable
      USAR  801001     810420     NA
      RA    810421     840416     Honorable
      USAR  840417     970818     NA
      USAR (AD)  970819      980416     NIF
      USAR  980417     011003     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 are not in the available records.  Evidence of record shows that
on 29 October 2002, DA, HQ, 81st Regional Support Command, Birmingham,
Alabama, Orders 02-302-00002 discharged the applicant from the United
States Army Reserve, with an under other than honorable conditions
discharge.  He was discharged effective 9 March 2002, which was prior to
the expiration of his enlistment obligation.

      b.  On 29 October 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year and 26 days of military
service in the period under review.  He had a total of 22 years, 7 months,
and 22 days of total service.

      c.  Although the specific facts and circumstances are not in the
available records the applicant’s supporting documents include a statement
from his trial defense counsel, dated 12 April 2002.  In this statement the
counsel acknowledges that she had been designated to provide legal counsel
to the applicant regarding an alleged positive urinalysis.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 135-178
provides for the separation of members of the Army National Guard and Army
Reserve when it is determined that a service member is unqualified for
further military service.


                      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 040429, with eleven (11) 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 5 January
2005.

      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:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      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 parenthetical number(s) below correspond(s) to
                   the issue number(s) on the DD Form 293, or in Part VI,
                   Paragraph 1, above.

        (1)  The issue is rejected.  The applicant’s record is void of the
specific facts and circumstances concerning the events that led to a
discharge from the Reserve of the Army.  However, the applicant’s record
contains a properly constituted order dated 29 October 2002 issued by
Department of the Army, Headquarters, 81st Regional Support Command, 255
West Oxmoor Road, Birmingham, Alabama, discharging the applicant from the
United States Army Reserve effective 29 October 2002, with a
characterization of service of under other than honorable conditions.  That
order indicates that the applicant was discharged under the provisions of
AR 135-178 and the Board presumed Government regularity in the discharge
process.  In the absence of information to the contrary, the Board was
satisfied that all requirements of law and regulation were met and the
rights of the applicant were fully protected throughout the separation
process.  The Board, being convinced that the reason for discharge and the
characterization of service were both proper and equitable, voted to deny
relief.

      b.  Equity:      The applicant has not submitted an issue of equity
                   and the ADRB has not otherwise relied upon an issue of
                   equity to change the discharge.  The major factors upon
                   which the discharge was based are set forth in Parts III
                   and IV of this decisional document.

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                      .

      ( X ) Equitable.
      (   ) Inequitable as to characterization.  Change characterization to
                                         .
      (   ) 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       2         3

        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

                          
MR. RIVERA
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

                                    NONE

                          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:  20040001271                   INDEX NUMBERS:  A0143
Date of Review:  050105                                   A0113
Character of Service:  UD                                 A9217
Date of Discharge:  021029
Authority:  AR 135-178
Reason:  A8400
Results of Board Action/
Vote/Affirmation:  NC 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