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):  961208

3.  Authority for separation:

      a.  Regulation:  Chapter 8, Paragraph 8-26q(3), NGR 600-200
                     Chapter 7, AR 135-178

      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:  8 Yrs   (6 yr ext)    AFRM
    b.  Entry date:  840725          (920201)      ARCOTR
    c.  Age:  21 Years   DOB:  630605              NDSM


    d.  Educational level:  HS Grad                ASR


    e.  Aptitude area score:
          GT:  87                                3.  Highest grade
achieved:
    f.  Length of Service:                         E4
         12 Year(s)  5 Month(s) 13 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:  The applicant was administratively reduced to private first
              class/E-3 on 961017.


                       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 17 February 1996, the unit
commander notified the applicant of initiation of separation action from
the Florida Army National Guard and the Reserve of the Army under the
provisions of Chapter 7, AR 135-178, by reason of misconduct—abuse of
illegal drugs, with an honorable discharge.  He was advised of his rights.
The applicant consulted with legal counsel, was advised of the impact of
the discharge action, waived his right to an administrative separation
board, 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(s) reviewed the proposed discharge action and recommended
approval of the separation action with a general, under honorable
conditions discharge.  On 8 November 1996, 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 8 December 1996, the applicant was discharged.  At the time of
discharge, the applicant had completed 12 years, 5 months, and 3 days of
military service in the period under review.

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 general, 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 040903.
      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 21
September 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:  (1)  The characterization of service is too harsh.

      b.  Request:  ( X ) Recharacterization     ( X ) 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 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 infraction of discipline, the extent thereof, and the
seriousness of the offense.  Notwithstanding the propriety of the
discharge, the Board found that the length and quality of the applicant’s
service mitigated his isolated incident of misconduct.  In view of the
foregoing, the Board determined that the applicant’s characterization of
service from the Florida Army National Guard and the Reserve of the Army
was inequitable.  Accordingly, the Board directs that the applicant’s
discharge order from the Reserve of the Army be changed to reflect that he
was discharged with an honorable characterization of service.  Further, the
Board recommends that the Florida Army National Guard grant partial relief
in the form of an upgrade of characterization of service to fully
honorable.  The Board found 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 NG and USAR 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       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:  23 September 2005
To:   Adjutant General, State of Florida

     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 Florida, with issuance of a
new NGB Form 22, as follows:

           ( X ) Change characterization of discharge on NGB Form 22 to
      Honorable.
           (   ) Other (see remarks below).

Remarks:  The Board directs the issuance of a new discharge order
          indicating that the applicant was separated from the Reserve
          of the Army with an honorable discharge.

                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:



ESMERALDA G. PROCTOR
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:  20040007485                   INDEX NUMBERS:  A9406
Date of Review:  050921                                   A9218
Character of Service:  GD                                 A0101
Date of Discharge:  961208
Authority:  AR 135-178 C7
Reason:  A6770
Results of Board Action/
Vote/Affirmation:  HD 4-1 A