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):  010307

3.  Authority for separation:

      a.  Regulation:  Chapter 14, 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:
                                           AAM (2)
    a.  Period entered for:  6 Years               GCMDL (4)
    b.  Entry date:  970923                        NDSM
    c.  Age:  32 Years   DOB:  640928              ASR
    d.  Educational level:  HS Grad                OSR (2)
    e.  Aptitude area score:
          GT:  114                               3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          3 Years  5 Months  15 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:


                       SECTION B - Prior Service Data

Other discharge(s):  All of the applicant’s prior service data is not in
the
                     available records.  Listed below are those periods of
                     service supported by official documents.

      Service    From  To    Type Discharge
      RA    860604     890601     Honorable
      ARNGUS     920330      930329     Honorable
      RA    950601     970922     Honorable



                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 11 February 2000, the applicant
provided a urine specimen during a Unit Urinalysis Inventory.  On 14 March
2000, the screening test revealed the specimen was positive for marijuana
metabolites.  Verification screening was conducted on 15 March 2000 and on
16 March 2000 the screening test was confirmed by a gas chromatography/mass
spectrometry test.  On 5 May 2000, the applicant was read a Field Grade
Article 15 for wrongful use of marijuana between 12 January and 11 February
2000.  On 23 March 2000, having been offered the opportunity to consult
with legal counsel declined the Article 15 and demanded trial by court-
martial.  On 5 July 2000, the unit commander preferred court-martial
charges for the stated offense.  On 20 July 2000, the action was referred
for trial by special court-martial.  However, on 17 October 2000, the GCMCA
withdrew and dismissed the charge and it’s specification in the applicant’s
case.  On 7 November 2000, 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 an under
other than honorable conditions discharge.  The reason for the proposed
action was that on 11 February 2000, he tested positive for marijuana use
in a unit urinalysis.  He was advised of his rights.  The applicant
consulted with legal counsel and was advised of the impact of the discharge
action, and did not submit a statement in his own behalf.  He was entitled
to have his case considered by an administrative separation board and
requested a personal appearance before a board.  On 30 January 1989, the
unit commander subsequently recommended separation from the service and
waiver of further rehabilitative efforts.  The intermediate commanders
reviewed the proposed discharge action and recommended approval of the
separation action with an under other than honorable conditions discharge.
On 5 January 2001, the applicant acknowledged receipt of the notification
to appear before an administrative separation board.  On 19 January 2001,
an administrative separation board conducted the proceedings in the
applicant’s case.  The applicant was present with his defense counsel.
Based on its findings, the Board recommended separation with a
characterization of service of under other than honorable conditions.  On
27 January 2001, the applicant and his defense counsel submitted matters
for consideration by the separation authority.  On 20 February 2001, the
Chief, Administrative Law, reviewed the administrative separation/retention
board proceedings, including supplemental documents, and found the
proceedings to be legally sufficient.  On 20 February 2001, the separation
authority approved the Board’s findings and recommendations, directed the
discharge of the applicant with a characterization of service of under
other than honorable conditions, and reduction to Private (E1).

      b.  On 7 March 2001, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 5 months, and 14 days of
active military service in the period under review and had a total of 13
years, 10 months, and 16 days of total military service.

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 040209, with multiple 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:
         (   ) Records review             ( X ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 1 November
2004.

      d. Appearance by:
         Applicant                 ( X ) Yes   (   ) No
         Counsel                   ( X ) Yes   (   ) No

      e.  Applicant testified:     ( X ) Yes   (   ) No

      f.  Counsel presentation:    ( X ) Yes   (   ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  three (3) supporting documents.
                        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 discharge is inequitable.

      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.

        (2)  The issue is accepted.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review
and heard his testimony.  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 discharge is
inequitable.  The Board found that the applicant’s misconduct was mitigated
by the overall length and quality of his service; the nature of the
offense; and his post service accomplishments.  Accordingly, the Board
voted to change the narrative reason for separation to Secretarial
Authority and to upgrade the characterization of service to fully
honorable.  This action entails a change to the RE code to “1” and a
restoration of the applicant’s grade to “SGT/E5.”

        (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.
      ( X ) Inequitable as to reason.  Change reason to Secretarial
           Authority
            under Chapter 5, AR 635-200.
      (   ) 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       5         0
    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. RON WILLIAMS
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  1 November 2004

     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 a new
DD Form 2l4 to the applicant which reflects the following directed
change(s):

           ( X ) Change the characterization of discharge to Honorable.
           ( X ) Change reason and authority for discharge to Secretarial
                 Authority, under Chapter 5, AR 635-200.
           ( X ) Other (see remarks below).

Remarks:  This action entails a change to the RE code to “1”; and a
          restoration of the applicant’s grade to “SGT/E5.”


                          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:  2004104951                    INDEX NUMBERS:  A9456
Date of Review:  041101                                   A1200
Character of Service:  UD                                 A9222
Date of Discharge:  010307                                A0100
Authority:  AR 635-200 C14
Reason:  A6770
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