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ARMY | DRB | CY1997 | 199700359
Original file (199700359.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00359
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Type of discharge (or characterization of service): GD

2. Date of discharge (or REFRAD): 931018

3. Authority for separation:

         a. Regulation: Chapter 9, AR 635-200

         b. Reason:       Drug Rehabilitation Failure
4. Prior review(s): ( X ) NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:

a. Period entered for: 3 Years Type
b. Entry date: 910816 GCMDL
c. Age: 33 Years DOB: 580614
d. Educational level: 16 Years
e. Aptitude area scores: ( X ) NIF/NA
          GT: 106 3. Highest grade achieved:
f. Actual creditable service: 2 Years
1 Month 15 Days Grade
E6

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00359
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

 Status Inclusive dates
         AWOL 930818-930819; 930824-930829
         Mil conf
         Civil conf
         Other

6. Nonjudicial punishment:
         Nature Date
         Art 15 930604
7. Court-Martial data: ( X ) NONE
        
8.       Remarks: ( X ) NONE
SECTION B - Other Service Data

 1. Other discharge(s):

         Service Type
         RA                HD
          RA                HD
         RA                HD





         CASE NO: AD97-00359
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
Unknown:        In consultation with the unit commander, the ADAPCP/counselor                      declared the applicant a rehabilitation failure.
931005:         Unit commander notified applicant of initiation of separation action              under the provisions of Chapter 9, AR 635-200, for drug                                     rehabilitation failure. He was advised of his rights.
931005:         Separation authority approved separation with a general under             honorable conditions discharge.
931018:         Applicant was discharged.
2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         See attached DD Form 293.

 3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 960508.
B-1: DD Form 293, with nine (9) enclosures as submitted by the applicant.



PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE
PART V - SUMMARY OF REVIEW HEARING


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

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

2. Exhibit(s) submitted at hearing: ( X ) NONE

                                    CASE NO: AD97-00359
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, Paragraph 2.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
        

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 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 numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.

(1),(2),(3),(4) The issues are rejected. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in the applicant as a soldier at the time. As a soldier the applicant had the duty to support and abide by the Army's drug policy. By using illegal drugs the applicant knowingly risked receiving a less than fully honorable discharge. Before initiating action to separate the applicant, the command ensured the applicant was counseled at least once about the deficiencies which could lead to separation. Additional formal counseling is discretionary. The Board noted the command made an assessment of the applicant’s potential for becoming a fully satisfactory soldier. The evidence of record established that the applicant was afforded a reasonable opportunity to overcome noted deficiencies. As the applicant did not subsequently conform to required standards of discipline and or performance, the command appropriately determined the applicant did not demonstrate the potential for further military service. The Board was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

3. Response to item(s) not addressed as decisional issue(s): ( X ) NA

                            CASE NO: AD97-00359
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                       .
         ( 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 0 5

         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: CPCD
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-00359
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
MAJ WYRICK
Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
(X) NONE
SECTION B - CERTIFICATION


Approval Authority:

EL CARTIO BARNES
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SHERRY HILL SARGENT
Major, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

AD9700359 970328 GD 910816 AR635-200 C9 A6900 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9200 A9317 A9319 A9447
53 58 63 68

                           CASE NO: AD97-00359
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY Mbr      X           X    

2. LTC PHILLIPS, JOHN Mbr      X          X    

3. LTC SMITH, LILLIAN Mbr      X          X    

4. LTC WHISKER, JILL Mbr      X          X    

5. COL MELCHIOR, ROBERT PO      X          X    











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