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):  960925

3.  Authority for separation:

      a.  Regulation:  Chapter 8, Paragraph 8-26q, NGR 600-200

      b.  Reason:  Misconduct-Abuse of Illegal Drugs

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 w/2 prev ext  ARCAM (2)
    b.  Entry date:  840218                        NDSM
    c.  Age:  24 Years   DOB:  590916              AFRM
    d.  Educational level:  HS Grad                NCOPDR-2
    e.  Aptitude area score:
          GT:  103                               3.  Highest grade
achieved:
    f.  Length of Service:                         E6
         12 Years  7 Months  8 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  790716     790919     NA
      RA    790920     821019     Honorable
      USAR  821020     840217     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  All the specific facts and circumstances leading to the
applicant’s discharge are not contained in the available records.  Evidence
of record shows that on 9 February 1996, the unit commander notified the
applicant of initiation of separation action under the provisions of
Chapter 7, AR 135-178, by reason of misconduct—abuse of illegal drugs, with
an under other than honorable conditions discharge.  He was advised of his
rights.  On 1 March 1996, the applicant consulted with legal counsel, was
advised of the impact of the discharge action, and did not submit a
statement in his own behalf.  He was eligible to have his case considered
by an administrative separation board.  However, he voluntarily waived a
board contingent upon receiving a characterization of service or
description of service no less favorable than general, under honorable
conditions.  Any further recommendations by the chain of command and final
approval by the separation authority are not in the available records.  On
16 September 1996, the Commonwealth of Pennsylvania, Department of Military
and Veterans Affairs, Annville, Pennsylvania, Orders 180-064, discharged
the applicant from the Army National Guard and as a reserve of the Army,
effective 25 September 1996.  The record contains a properly constituted
NGB Form 22 (Report of Separation and Record of Service), indicating
discharge under the provisions of NGR 600-200, paragraph 8-26q, by reason
of misconduct-abuse of illegal drugs, with a characterization of service of
general, under honorable conditions.

      b.  On 25 September 1996, the applicant was discharged.  At the time
of discharge, the applicant had completed 12 years, 7 months, and 8 days of
military service in the period under review and had a total of 17 years, 2
months, and 10 days of total military service.

2.  Legal/Regulatory Basis for Separation Action:  National Guard
Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures for
the administrative separation of enlisted personnel of the Army National
Guard and Army Reserve.  Chapter 8 of NGR 600-200 covers, in pertinent
part, reasons for discharge and separation of enlisted personnel from the
State Army National Guard and as a Reserve of the Army.  The regulation,
defines misconduct by reason of one or more of the following:  minor
disciplinary infractions, a pattern of misconduct, commission of a serious
offense, abuse of illegal drugs, and conviction by civil authorities.


                      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 040202, with no 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 13 October
2004.

      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.

        (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 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 now
inequitable.  The Board found that the time that has elapsed since the
applicant’s discharge and his generally acceptable personal conduct and
performance of duty mitigated the discrediting entry in the service record.
 Accordingly, the Board voted to grant relief in the form of an upgrade of
characterization of service to fully honorable.  Therefore, the Board
recommends that the Adjutant General, State of Pennsylvania, consider
changing the applicant’s characterization of service to honorable and issue
the applicant a new NGB Form 22.  Notwithstanding the decision of the
Adjutant General of the State of Pennsylvania, the Board directs that the
applicant’s discharge order from the Reserve of the Army be changed to
reflect a characterization of service of honorable.  The Board determined
that the reason for discharge was both proper and equitable and voted not
to change it.

        (1)  See Paragraph 3, below.

3.  Response(s) to item(s) not addressed as decisional issue(s):

    Inasmuch as the Board voted to grant the full relief requested,
response to the remaining issue is neither required nor rendered.

                           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

Thru: Chief, National Guard Bureau            Date:  15 October 2004
To:   Adjutant General, State of Pennsylvania

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

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

Remarks:  The Board directs that the applicant’s discharge order from the
Reserve of the Army be changed to reflect a characterization of service of
honorable.  ARBA Support Division-St. Louis, is directed to insure that the


applicant’s discharge from the Reserve of the Army reflects the
          aforementioned
change.

                          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:  2004103345                    INDEX NUMBERS:  A9406
Date of Review:  041013                                   A9218
Character of Service:  GD                                 A0113
Date of Discharge:  960925
Authority:  NGR 600-200 C8
Reason:  A6750
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