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ARMY | DRB | CY2005 | AR20050005923
Original file (AR20050005923.doc) Auto-classification: Approved


                           DEPARTMENT OF THE ARMY
                         Army Discharge Review Board
                           1901 South Bell Street
                          Arlington, VA  22202-4508
                              16 September 2005


Office of the President


      The Army Discharge Review Board reviewed your case and determined
that relief is warranted.  The Board has directed the ARBA Support
Division, St. Louis, MO, to take action as indicated on the enclosed OSA
Form 172, Case Report and Directive.  This document reflects the findings,
conclusions, and reasons for the Board's decision.  The official
notification of any change to your official military personnel record,
including the appropriate documentation, will be mailed to you by the ARBA
Support Division.

      If you believe that the decision in your case is unclear, not
responsive to the issues raised, or does not otherwise agree with the
decisional document requirements of DoD Directive 1332.28, you may submit a
complaint in accordance with Enclosure 5 of that directive.  You should
read Enclosure 5 of that directive before submitting a complaint.  The
complaint procedure does not permit you to challenge the merits of the
decision, but is designed solely to ensure that the decisional document
meets applicable requirements for clarity and responsiveness.  You may
obtain a copy of DoD Directive 1332.28 by writing to:  DA Review Boards
Agency, Attention:  (Reading Room), The Pentagon, Washington, DC 20310-
1809.

      Should you have any questions relating to the documentation
implementing the Board's decision, you should contact:  ARBA Support
Division, ATTN:  SFMR-RBL-SL, 9700 Page Avenue, St. Louis, Missouri, 63132-
5200.

                                  Sincerely,




                                  Robert L. House
                                  Colonel, U.S. Army
                                  President


Enclosure


                           MILITARY REVIEW BOARDS

                           Case Report & Directive


                        PART I - IDENTIFICATION DATA

NAME:       ADDRESS:


                       PHONE:




COUNSEL:    ADDRESS:

      PHONE:




ALTERNATE PERSON(S) TO BE NOTIFIED:     ADDRESS:

RELATIONSHIP:                     PHONE:



TYPE REPORT:

   ( X ) Original
   (   ) Addendum




                                   REMARKS
                            Case Management Data

( X )  Response to other correspondence required upon completion of case.

(   )  DD Form 149 in file.  Send case to ABCMR.


















OSA FORM 172 (REVISED) 22 May 98     Cover Sheet
                         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):  911217

3.  Authority for separation:

      a.  Regulation:  AR 135-178

      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:
                                           ARCAM(2nd Awd)
    a.  Period entered for:  6 Years*              AFRM
    b.  Entry date:  840929                        ASR
    c.  Age:  27 Years   DOB:  570719              C/Ach (5)


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  86                                3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          7 Year(s)  2 Month(s)  19 Day(s)


                                               4.  Performance evaluations:

                                                   See OMPF


*NOTE:  Applicant was a member of the Army Reserve.  Last enlistment
contract
        in the official record dated 840929; applicant extended his
enlistment
        on 891210 for a period of one year with ETS date of 910928.  The
record
        does not contain any further enlistment/extension contracts.
                         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  780225     780309     N/A
      USAR (IDT) 780310      780618     Honorable
      USAR  780619     801031     Honorable
      ARNGUS     801101      811120     N/A (FLARNG)
      USAR  811121     840928     Honorable
         (Concurrent Service)



                         PART IV - PREHEARING REVIEW

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

      a.  All the specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records.  The
evidence of record shows that the applicant was entitled to an
administrative separation board.  On 2 July 1991, the board of officers
met; the applicant appeared and was represented by counsel.  The board
recommended separation under the provisions of AR 135-178 by reason of
misconduct-abuse of illegal drugs, with a general, under honorable
conditions discharge.  The Board further recommended that the applicant’s
discharge be suspended for a period of twelve months.  On 17 December 1991,
DA, First U.S. Army and fort George G. Meade, Fort Meade, MD, Orders 183-4
discharged the applicant from the Army Reserve, effective 17 December 1991
with a general, under honorable conditions discharge.

      b.  On 17 December 1991, the applicant was discharged.  At the time
of discharge, the applicant had completed 7 years, 2 months, and 19 days of
military service in the period under review and had a total of 13 years, 9
months and
22 days of active military service.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 135-178
(Separation of Enlisted Personnel) provides for the separation of enlisted
personnel of the Army Reserve and Army National Guard.  Chapter 7 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 7, 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 050415. 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:
         (   ) Records review             ( X ) Hearing

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

      c. Review/hearing location and date:  Washington, D.C. on 12
September 2005.

      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:
                        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 Issues:  (2)  The characterization of service is too harsh.
                       (3)  The narrative reason for 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.

        (1)  See Paragraph 3, below.

        (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, it determined that the
characterization of service is now inequitable.  Notwithstanding the
propriety of the applicant’s discharge, the Board found that the
applicant’s misconduct was mitigated by the overall length and quality of
his service and his post-service conduct and accomplishments.  In view of
the foregoing, the Board voted to grant partial relief in the form of an
upgrade to the characterization of service to fully honorable.

        (3)  The issue is accepted.  Regulations currently in effect list
the reason for the applicant’s discharge as misconduct.  Accordingly, the
Board voted to change the narrative reason on the DD Form 214 to
misconduct.

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 Misconduct
            under Chapter 14, 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

                          
Ms. McKim-Spilker

Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  16 September 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
discharge order 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
            Misconduct, Chapter 14, AR 635-200.

                          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:  20050005923                   INDEX NUMBERS:  A9406
Date of Review:  050912                                   A9218
Character of Service:  GD                                 A9442
Date of Discharge:  911217                                A0100
Authority:  AR 635-200 C7
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                 






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