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):  030408

3.  Authority for separation:

      a.  Regulation:  Chapter 12, 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(3rd Awd)
    a.  Period entered for:  6 Years               AFRM
    b.  Entry date:  000209                        ARCOTR
    c.  Age:  47 Years   DOB: 520502               NCOPDR


    d.  Educational level:  Coll Grad


    e.  Aptitude area score:
          GT:  101                               3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          3 Year(s)  1 Month  29 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:  NONE


                       SECTION B - Prior Service Data


Other discharge(s):

      Service    From  To    Type Discharge
      USNR  840626     000201     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 22 September 2002, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter l2, AR 135-178, by reason of misconduct—abuse of
illegal drugs.  The unit commander recommended that the applicant be
retained in the Army Reserve; in the alternative, he recommended an
honorable discharge.  The unit commander indicated that he was initiating
separation proceedings based on the applicant’s wrongful use of cocaine.
He was advised of his rights.  The applicant consulted with legal counsel,
was advised of the impact of the discharge action, and requested appearance
before a board of officers.  The intermediate commander reviewed the
proposed discharge action, recommended retention; in the alternative, he
recommended a general, under honorable conditions discharge, and forwarded
the proposed discharge for board action.  On 8 December 2002, board of
officers met; applicant appeared with counsel.  The board recommended
separation with a general, under honorable conditions discharge.  The board
further recommended that the applicant be allowed to complete his service
contract and attend a rehabilitation program.  On 4 February 2003, the
separation authority approved the portion of the board’s findings and
recommendations regarding immediate separation of the applicant, waived
further rehabilitative efforts and directed that he be discharged with a
characterization of service of general, under honorable conditions.

      b.  On 8 April 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 1 month, and 29 days of
military service in the period under review and had a total of 18 years, 9
months and 10 days of  military service.  (Total time in service does not
denote qualifying years for retirement.)

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 135-178
(Enlisted Administrative Separations) provides for the separation of
enlisted personnel of the Army Reserve and Army National Guard.  Chapter 12
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 12, will normally be characterized as under
other than honorable conditions.  If warranted by the soldiers overall
record, a characterization of service of 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 050403, with multiple enclosure(s).
      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 9 November
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:  (7)  The discharge is improper.

      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 parenthetical number(s) below correspond(s) to
                   the issue number(s) on the DD Form 293, or in Part VI,
                   Paragraph 1, above.

        (1-6)  See Paragraph 3, below.

        (7)  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.  AR 135-178, paragraph 1-11, stipulates that HQ
Department of the Army must approve the discharge of any Army Reserve
soldier who has more than 18 years but less than 20 years of service.
Given the above requirement, The Board found that the applicant’s discharge
was approved by an improper separation authority and determined that the
discharge was improper.  Accordingly, the Board voted to grant relief by
changing the characterization of service to fully honorable and the
narrative reason for discharge to Secretarial Authority.

      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):

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


                           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.
      ( X ) Improper as to reason.  Change reason to Secretarial Authority
           under Chapter 14, AR 135-178.

      (   ) 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       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

                          
Ms. McKim-Spilker

Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  14 November 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 a new
DD Form 2l4 to the applicant which reflects the following directed
change(s):

           ( X ) Change characterization of discharge to Honorable.
           ( X ) Change reason and authority for discharge to
            Secretarial Authority, Chapter 14, AR 135-178.


                          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:  20050004031                   INDEX NUMBERS:  A0108
Date of Review:  051109                                   A0154
Character of Service:  GD                                 A1200
Date of Discharge:  030408
Authority:  AR 135-178 C12
Reason:  A6730
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