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):  990110

3.  Authority for separation:

      a.  Regulation:  Chapter 8-26e(2), NGR 600-200

      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:
                                           ARCAM(2nd Awd)
    a.  Period entered for:  5 Years               AFRM
    b.  Entry date:  960107                        NDSM
    c.  Age:  46 Years   DOB:  491028              HSM


    d.  Educational level:  HS Grad                NPDR


    e.  Aptitude area score:
          GT:  122                               3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          3 Year(s)  0 Month(s)  3 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:  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    691110     720911     Honorable
      USAR  720912     751103     Honorable
      ARNGUS     810224      910606     N/A









                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 30 July 1996, the unit commander
notified the applicant of initiation of separation action from the Reserve
of the Army and the California Army National Guard under the provisions of
Chapter 7, AR 135-178, by reason of misconduct—drug abuse and Chapter 8, AR
135-178, by reason of drug abuse rehabilitation failure, with an under
other than honorable conditions discharge.  The applicant waived his right
to consult with legal counsel, was advised of the impact of the discharge
action, waived his right to appear before an administrative separation
board, and submitted a statement in his own behalf.  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 an
under other than honorable conditions discharge.  On 17 December 1998, 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 10 January 1999, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years and 3 days of active
military service in the period under review and had a total of 23 years, 10
months and   11 days of military service.

      c.  On 10 January 1999, State of California, Office of The Adjutant
General, Sacramento, California, Orders 10-048 discharged the applicant
from the California Army National Guard and assigned him to the USAR
Control Group (Reinforcement), effective 10 January 1999, with a general,
under honorable conditions discharge.  The above order was amended (Orders
89-054) on 30 March 1999 to indicate that the applicant was discharged with
an under other than honorable conditions discharge

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 135-178
(Separation of Enlisted Personnel) provides for the separation of enlisted
personnel of the Army Reserve and Army National Guard.  Chapter 7 of this
regulation defines misconduct by reason of one or more of the following:
minor disciplinary infractions, a pattern of misconduct, commission of a
serious offense (to include abuse of illegal drugs,) and conviction by
civil authorities.  The service of a soldier discharged for reasons
indicated in paragraph 7, will normally be characterized as under other
than honorable conditions.  If warranted by the soldiers overall record, a
characterization of service of under honorable conditions may be furnished.



                      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 040523.
      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 16 February
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:
          ( X )  Additional issue(s) identified during review/hearing as
              follows:

        Board Issue:  (2)  The characterization of service is 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.

        (1)  The issue is rejected.  See response to issue (2), below.

        (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.  The Board does not condone the applicant’s
misconduct; however, it determined that the characterization of service is
too harsh.  The applicant's misconduct was mitigated by service of
sufficient length and merit to warrant a partial upgrade of the discharge
being reviewed.  However, the applicant, by his misconduct diminished the
quality of his service below that meriting a fully honorable discharge.
Accordingly, the Board recommended that the California Army National Guard
grant partial relief in the form of an upgrade of characterization of
service to general, under honorable conditions.  The Board determined that
the reason for discharge was both proper and equitable and voted not to
change it.

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 CAARNG characterization.  Change
           characterization to General, Under Honorable Conditions.
      (   ) 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       4         1

        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

Thru: Chief, National Guard Bureau            Date:  18 February 2005
To:   Adjutant General, State of California

     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 California, with issuance
of a new NGB Form 22 and discharge order, as follows:

           ( X ) Change characterization of discharge to General, Under
                 Honorable Conditions.


                          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:  20040002854                   INDEX NUMBERS:  A9406
Date of Review:  050216                                   A9218
Character of Service:  UD                                 A9236
Date of Discharge:  990110                                A0100
Authority:  NGR 600-200 C8
Reason:  A6730
Results of Board Action/
Vote/Affirmation:  GD 4-1 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