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ARMY | DRB | CY1997 | 199700418
Original file (199700418.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00418
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): 850329

3. Authority for separation:

         a. Regulation: Chapter 9, AR 635-200

         b. Reason:       Drug Abuse 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: 820405 ASR
c. Age: 21 Years DOB: 601117 OSR
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 103 3. Highest grade achieved:
f. Actual creditable service: 2 Years
11 Months 25 Days Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00418
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE


6. Nonjudicial punishment: ( X ) NONE
        
7. Court-Martial data: ( X ) NONE
         

8.       Remarks: ( X ) NONE
SECTION B - Other Service Data

 1. Other discharge(s): ( X ) NONE

        





         CASE NO: AD97-00418
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
840924: Unit commander in consultation with the Clinical Director/ADAPCP        declared applicant a rehabilitation failure.
 850304: Unit commander notified the applicant of initiation of separation
action under the provisions of Chapter 9, AR 635-200, for drug abuse
rehabilitation failure. He was advised of his rights.
 850314: Separation authority waived rehabilitation and approved separation               with a general discharge under honorable conditions.
 850329: 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 961121.



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: AD97-00418
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) The issue is rejected. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in him as a soldier at the time. The applicant had the duty to support and abide by the Army's drug policy. By using illegal drugs the applicant knowingly risked his military career. The applicant's command made reasonable efforts to ensure that rehabilitative measures were taken before initiating the separation action. The applicant did not respond positively to these efforts. This misconduct diminished the quality of his service below that meriting a fully honorable discharge. 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: AD97-00418
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: AD97-00418
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL ALLEN
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:

AD9700418 970319 GD 850329 AR635-200 C9 A6900 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9200 A0100 A9317
53 58 63

                           CASE NO: AD97-00418
PART IX - VOTING RECORD

 Name   Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY R. Mbr      X          X    

2. LTC SMITH, LILLIAN C. Mbr      X          X    

3. COL ALLEN, THOMAS J. Mbr      X          X    

4. COL MELCHIOR, ROBERT J. Mbr      X          X    

5. COL MATHEWS, WILLIAM E. PO      X          X    








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