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):  031015

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:
                                           NDSM (2)
    a.  Period entered for:  NIF                   ASR
    b.  Entry date:  010411                        OSR
    c.  Age:  23 Years   DOB:  770815
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  125                               3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          2 Years  6 Months  5 Days

                                               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:

      Date  Offense(s)
      030930     Wrongfully used Amphetamines (between 030729 and 030804);
             Wrongfully used Methamphetamines (between 030729 and 030804);
             Wrongfully used cocaine (between 030729 and 030804);
             Wrongfully used Amphetamines (between 030813 and 030819);
             Wrongfully used Methamphetamines (between 030813 and
             030819)(Field Grade)
      021028     Wrongfully used marijuana (between 020803 and
             020903)(Company Grade)

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  950927     951121     NA
      IADT  951122     970320     Uncharacterized




                         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 1 October 2003, 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-abuse of illegal
drugs, with a general, under honorable conditions discharge.  The specific
reasons for the proposed action were he wrongfully used marijuana between 3
August and 3 September 2002; and wrongfully used Amphetamines and
Methamphetamines between 29 July and 19 August 2003.  On diverse occasions,
he also failed to go at the time prescribed to his appointed place of duty
between 14 August and 4 September 2003.  He was advised of his rights.  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.  The
intermediate commander’s recommendation and the separation authority’s
final approval are not in the available records.  The record contains a
properly constituted DD Form 214 (Certificate of Release or Discharge from
Active Duty), which was authenticated by the applicant’s signature.  His DD
Form 214 indicates that he was discharged under the provisions of Chapter
14, paragraph 14-12c(2), AR 635-200 by reason of misconduct, with a
characterization of service of general, under honorable conditions, with a
separation code of JKK, and a RE code of 4.

      b.  On 15 October 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years, 6 months, and 5 days of
active military service in the period under review and had a total of 3
years, 10 months, and 29 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 040223, 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:
         ( X ) Records review             (   ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 10 November
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 improper.

      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 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 noted that the government
introduced into the discharge packet the results of a command directed
competence for duty (i.e., fitness for duty) biochemical test.  This is
limited use information as defined in Chapter 6, AR 600-85.  Use of this
information mandates award of a fully honorable characterization of
service.  Accordingly, the Board voted to grant partial relief and change
the characterization of service to fully honorable.  However, the board
found that the reason for discharge was fully supported by the record and
voted not to change it.

        (1)  The issue is rejected.  The inclusion of limited use evidence
applies only to the characterization of service granted.  Further, the
evidence of record shows that the applicant was properly assigned a reentry
eligibility (RE) code of “4” due to his discharge for abuse of illegal
drugs.  See response to issue (2) above.

      b.  Equity:      The applicant has not submitted an issue of equity
                   and the ADRB has not otherwise relied upon an issue of
                   equity to change the discharge.  The major factors upon
                   which the discharge was based are set forth in Parts III
                   and IV of this decisional document.

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:

      (   ) Proper.
      ( X ) Improper as to characterization.  Change characterization to
           Honorable.
      (   ) Improper as to reason.  Change reason to
                                   under                      .

      ( X ) Equitable.
      (   ) Inequitable as to characterization.  Change characterization to
                                         .
      (   ) 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:  12 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 characterization of discharge to
                  Honorable.

                          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:  2004105379                    INDEX NUMBERS:  A0130
Date of Review:  041110                                   A0154
Character of Service:  GD                                 A0113
Date of Discharge:  031015                                A9235
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