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):  031220

3.  Authority for separation:

      a.  Regulation:  Chapter 14, Paragraph 14-12c, AR 635-200

      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:
                                           NDSM
    a.  Period entered for:  4 Years               ASR
    b.  Entry date:  011121                        OSR
    c.  Age:  22 Years   DOB:  790829


    d.  Educational level:  Coll Grad


    e.  Aptitude area score:
          GT:  125                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          2 Year(s)  1 Month  0 Day(s)

                                               4.  Performance evaluations:

                                                   NONE

                         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:

      Date  Offense(s)
      030321     With intent to deceive make a false official statement;
                 wrongfully possess some amount of Alpha-methyltryptamine
                 (AMT) (030128); wrongfully distribute AMT (030128); and,
                 wrongfully use AMT (030128) (Field Grade)

7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  The official record contains a CID Investigative Report
                 dated 030131.

                       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 1 October 2003, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter l4, AR 635-200, by reason of
misconduct—commission of a serious offense, with a general, under honorable
conditions discharge.  The unit commander indicated that he was initiating
separation proceedings based on the applicant’s wrongful possession,
distribution and use of Alpha-methyltyrptamine (AMT); making a false
statement; and for leaving a soldier in an off-limits area after curfew
after seeing his nearly-fatal reaction to the drug the applicant had given
him. He was advised of his rights.  The applicant consulted with legal
counsel, was advised of the impact of the discharge action, and indicated
that he would submit a statement in his own behalf (not in file.)  The unit
commander subsequently recommended separation from the service and waiver
of further rehabilitative efforts.  The intermediate commander reviewed the
proposed discharge action and recommended approval of the separation action
with a general, under honorable conditions discharge.  On undated, the
separation authority waived further rehabilitative efforts and directed
that the applicant be discharged with a characterization of service of
general, under honorable conditions.

      b.  On 20 December 2003, the applicant was discharged.  At the time
of discharge, the applicant had completed 2 years and 1 month of active
military service in the period under review.

      c.  On 28 January 2003, the Drug Enforcement Agency (DEA) issued a
notice of intent to temporarily place AMT into Schedule I of the Controlled
Substance Act (CSA) pursuant to the temporary scheduling provisions of the
CSA (see Federal Register, January 28, 2003 (Volume 68, Number 18)[Proposed
Rules].  The intended action was based on a finding by the DEA Deputy
Administrator that the placement of AMT and 5-MeO-DIPT into Schedule I of
the CSA was necessary to avoid an imminent hazard to the public safety.
AMT is a tryptamine derivative which elicits subjective effects including
hallucinations substantially similar to those produced by Schedule I
hallucinogens.  AMT can alter perception and judgment and thus can pose
serious health risks to the user and the general public.  Prior to
temporarily listing AMT as a Schedule I controlled substance in the CSA, it
was considered to be a controlled substance analogue.

      d.  “Controlled substance,” as defined by the Uniform Code of
Military Justice (UCMJ), may include any substance which is included in the
Schedules I through V established by the CSA, but is not limited solely by
the CSA.  A “controlled substance” may mean any of the drugs specifically
enumerated in the UCMJ or derivatives/analogues thereto.

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 040515, with multiple 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:
         ( X ) Records review             (   ) Hearing

      b. Type Held:
         ( X )Records review              (   ) Hearing
                                          (   ) Tender Offer

      c. Review/hearing location and date:  Washington, D.C. 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 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.  The Board noted the applicant’s contentions;
however, it determined that he was properly and equitably discharged for
the wrongful possession, distribution, and use of Alpha- methyltyrptamine
(AMT); making a false statement; and leaving a fellow soldier in an off-
limits area after his near-fatal reaction to the drug the applicant gave
him.  In sworn statements provided to CID investigators, the applicant
indicated that he knowingly researched online for a drug to give him a
“legal high” and, after discovering AMT and 5-MeO-DIPT, purchased the
drugs, used the AMT and distributed AMT to a fellow soldier.  He also
indicated that he did not know AMT or 5-MeO-DIPT were illegal.  However,
given that his goal was to find a drug (i.e., an hallucinogen) to produce a
“high,” the applicant willfully rendered himself unfit for duty and
endangered the life of a fellow soldier by giving him the AMT.  AMT is a
tryptamine derivative producing similar hallucinogenic/stimulant effects as
other Schedule I tryptamine derivatives.  “Controlled substance” as defined
in Article 112a of the UCMJ is not limited to those substances specifically
enumerated therein or even included in the Controlled Substance Act, but
may also include any derivatives of enumerated substances.  By his actions,
the applicant risked a military career and diminished the quality of his
service below that meriting a fully honorable discharge.  The Board found
no evidence of arbitrary or capricious actions by the command.  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 applicant’s issues regarding removal of his Article 15,
reinstatement in the Army, etc., do not fall within the purview of this
Board.  Since the applicant has already submitted a DD Form 149
(application to the Army Board for Correction of Military Records (ABCMR),
his records have been forwarded to the ABCMR for further action.  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       0         5

        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

                                    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:  20040001362                   INDEX NUMBERS:  A0101
Date of Review:  050105                                   A9217
Character of Service:  GD
Date of Discharge:  031220
Authority:  AR 635-200 C14
Reason:  A6730
Results of Board Action/
Vote/Affirmation:  NC 5-0 A













                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1. LTC PROCTOR, ESMERALDA G.  Mbr          X                 X       

    2.      Mbr          X                 X       

    3.      Mbr          X                 X       

    4.      Mbr          X                 X       

    5.      PO           X                 X