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):  021125

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:
                                           ARCOM        AFRM w/M Dev
    a.  Period entered for:  6 Years               AAM (3)      NCOPDR
    b.  Entry date:  000109                        GCMDL        ASR
    c.  Age:  36 Years   DOB:  630411              ARCAM (3)    OSR (2)
    d.  Educational level:  HS Grad                NDSM         NATO Medal
    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E6
          2 Years  10 Months  16 Days

                                               4.  Performance evaluations:

                                                   See OMPF (fiche)

                         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  820729     820928     NA
      RA    820929     860424     Honorable
      USAR  860425     880730     Honorable
      USAR  880731     900919     NA
      ADT   900920     901105     Honorable
      USAR  901106     940408     Honorable
      USAR  940409     970813     NA
      USAR (AD)  970814      980427     Honorable
      USAR  980428     000108     Honorable



                         PART IV - PREHEARING REVIEW

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

      a.  All the facts and circumstances leading to the applicant’s
discharge are not in the available records.  Evidence of record shows that
on 25 November 2002, DA, HQ, 91st Regional Support Command, Birmingham,
Alabama, Orders 02-329-00048 discharged the applicant from the United
States Army Reserve, with a characterization of service of general, under
honorable conditions.  He was discharged effective 25 November 2002, which
was prior to the expiration of his enlistment obligation.

      b.  On 9 March 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years, 10 months, and 17 days of
military service in the period under review.  He had a total of 20 years, 3
months, and 27 days of total military service.

      c.  Although the specific facts and circumstances are not in the
available records the applicant’s statement implies that his discharge was
based on a unit urinalysis test in which he tested positive for use of
cocaine.

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 031110, with four (4) 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 2 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.  Granting of waivers for purposes of
reenlistment does not fall within the purview of this Board.  If the
applicant desires to reenlist, he should contact his local recruiter to
determine his eligibility to reenlist.  Those individuals can best advise a
former service member as to the needs of the Service at the time, and are
required to process waivers for reentry eligibility.  See issue (2) below.

        (2)  The issue is accepted.  The Board carefully examined the
available records for 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.  The Board does not condone the applicant’s misconduct; however,
determined that the characterization of service is inequitable.  The Board
found that the applicant’s misconduct was mitigated by the overall length
and quality of his service to include his awards and decoration and his
record of promotions.  Accordingly, the Board voted to grant partial relief
by changing the 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 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
                  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

TO: ARBA Support Division-St Louis      Date:  4 February 2005

     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 the
applicant a new Discharge Order from the Reserve of the Army which reflects
the following directed change(s):

           ( X ) Change characterization of discharge to
                  Honorable.
           ( X ) Other (see remarks below).

Remarks:  This action entails voidance of the applicant’s discharge order
from
          the Reserve of the Army dated 25 November 2002 and issuances of a
          new order reflecting the aforementioned correction.

                          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:  2004101357                    INDEX NUMBERS:  A9406
Date of Review:  050202                                   A9218
Character of Service:  GD                                 A0100
Date of Discharge:  021125
Authority:  AR 135-178
Reason:  A8400
Results of Board Action/
Vote/Affirmation:  HD 5-0 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