Applicant Name: ????? Application Receipt Date: 2010/09/27 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he request that his reentry eligibility (RE) code be changed in order that he may fulfill and keep the honor association between his families name in the US Army. He has since past his childhood indiscrestions and has made his amends. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 001020 Discharge Received: Date: 001201 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: HQ & HQ Company, 1st Battalion, 501st Aviation Regiment, Germany APO AE Time Lost: None Article 15s (Charges/Dates/Punishment): 000419, disrespectful in language towards SGT, a noncommissioned officer on (000306), disobeyed a lawful order from SGT, a noncommissioned officer on (000306), found drunk while on duty on (000306), reduction to Private (E-2), forfeiture of $200.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated before (001015), extra duty and restriction for 45 days (FG) 000223, resisted apprehension by SSG, a military policeman on (991225), unlawfully struck a female on (991225), drunk and disorderly on (991225), reduction to Private First Class (E-3), forfeiture of $667.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (000820), extra duty for 45 days (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 25 Current ENL Date: 980513 Current ENL Term: 5 Years ????? Current ENL Service: 2 Yrs, 6 Mos, 19 Days ????? Total Service: 7 Yrs, 2 Mos, 9 Days ????? Previous Discharges: USMCR 930922-931206/NA USMC 931206-971205/HD USMCR 971206-980512/NA Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 67T10 UH-60Helicopter Repairer GT: 109 EDU: HS Grad Overseas: Germany (990830-001201) Combat: None Decorations/Awards: AAM, GCMDL, NDSM, AFEMDL, ASR, L/A V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record indicates that on 27 March 2000, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant a rehabilitation failure. On 20 October 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation/ASAP failure, with an honorable discharge. He was advised of his rights. On 24 October 2000, 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 unit commander subsequently recommended separation from the Army. Tthe separation authority approved the separation action and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. The record contains a Military Police Report in reference to the applicant's offenses of; drunk and disorderly, communicating a threat, disrespect to superior noncommissioned officer, simple assault x 2, resisting apprehension, disobeying a noncommissioned officer, provoking speech and gestures, and breach of peace dated 25 December 1999. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel and outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. Army policy states that an honorable or general, under honorable conditions discharge is authorized depending on the applicant’s overall record of service. However, an honorable discharge is required if restricted use information is used in the discharge process. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, the analyst determined that the discharge is improper. The evidence of record shows that the applicant consulted with legal counsel and had over 6 years of total active and reserve military service at the time of initiation of separation action. The analyst noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board. The analyst determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper. In view of the foregoing, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 27 May 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 14 September 2010. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was and is improper. The evidence of record shows that the applicant consulted with legal counsel and had over 6 years of total active and reserve military service at the time of initiation of separation action and was entitled to an administrative separation board. The Board noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board and did not waive it. The Board determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 5 No change 0 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under the provisions of Chapter 5-3, AR 635-200, with a corresponding separation (SPD) JFF. Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100024428 ______________________________________________________________________________ Page 1 of 3 pages