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ARMY | DRB | CY1997 | 199700680
Original file (199700680.rtf) Auto-classification: Approved
                                    CASE NO: AD97-00680
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): 940405

3. Authority for separation:

         a. Regulation: Chapter 9, AR 635-200

         b. Reason:       Alcohol 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:
 Type
NDSM
 a. Period entered for: 5 Years ASR
b. Entry date: 910723
c. Age: 18 Years DOB: 730316
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 104 3. Highest grade achieved:
f. Actual creditable service: 2 Years
8 Months 13 Days Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00680
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:
         a. SCM: ( X ) NONE
                  Date Offense(s)

        
         b. SPCM: ( X ) NONE
                  Date Offense(s)

         c. GCM:  ( X ) NONE
                  Date Offense(s)


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

         CASE NO: AD97-00680
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         940224: Unit commander in consultation with clinical director/ADAPCP
                  declared applicant a rehabilitation failure.
         940303: Mental status evaluation cleared applicant for separation.
         940307: Physical examination cleared applicant for separation.
         940317: Unit commander notified the applicant of initiation of separation
                  action under the provisions of Chapter 9, AR 635-200, for alcohol
                  rehabilitation failure. He was advised of his rights.
         940322: Applicant acknowledged notification, waived legal counsel, and did
                  submit a statement in his own behalf.
         940323: Unit commander recommended separation with a general discharge under
                  honorable conditions, and that he be transferred to the Individual
                  Ready Reserve (IRR).
         940323: Separation authority directed transfer to the Individual Ready
                  Reserve (IRR), and with service characterized as general under
                  honorable conditions.
         940405: 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 970127.
B-1: DD Form 149, dated 951115.



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: AD97-00680
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:
Board issue. Issue 5. The characterization of service 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 numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.

(5) The issue is accepted. The discharge is inequitable because the applicant's quality of service determination at the time of discharge is inconsistent with the faithful and honorable service rendered by the applicant during the period of service under review by the Board. There was a full consideration of all service including infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board determined the applicant's generally acceptable personal conduct and performance of duty outweigh the discrediting information in the service record. The applicant's failure to perform in accordance with Army standards is outweighed by service of sufficient merit to warrant an upgrade of the discharge being reviewed. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable.

          (1) The issue is rejected. The issue is unclear and unspecific.

(2)(3)(4) The issues are rejected. The Board reviewed the applicant’s military record and noted that he had been enrolled in ADAPCP and had been scheduled to attend Track III at Fort Gordon, Georgia. However, the unit commander decided to cancel the applicant’s inpatient treatment based on his lack of motivation, unwillingness to attend AA meetings and continued lack of insight to his alcohol problem. Subsequent to initiation of separation, the applicant was diagnosed by a psychiatrist, as suffering from alcohol dependence and as having a personality disorder. In accordance with applicable regulations, the applicant was separated from the Army under the provisions of Chapter 9, Alcohol Rehabilitation Failure. The Board was convinced that the reason for discharge was proper and equitable and therefore, voted to deny relief.


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

                            CASE NO: AD97-00680
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                    .
         ( )      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 4 1

         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: AD97-00680
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC WHISKER
Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: Commander, ARPERCEN
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:

         ( ) Characterization of discharge be changed to                           Uncharterized.
         (X ) Characterization of discharge be changed to Honorable.
         ( ) Characterization of discharge be changed to Under            Honorable Conditions.
         ( ) Reason and authority for discharge be changed to             .
          ( ) Other (see remarks below).
Remarks:         (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:

AD9700680 9700680 GD 940405 AR 635-200 C9 A4900 HD 4-1 A
1 10 11 12 18 20 26 41 46 49 52

A9406 A0100 A9453 A9317 A9323
53 58 63 68 73

AD9700680 1 A9221
1 10 11 53

                            CASE NO: AD97-00680
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY R. Mbr      X          X    

2. LTC PHILLIPS, JOHN S. Mbr      X  X           

3. LTC SMITH, LILLIAN C. Mbr      X  X           

4. LTC WHISKER, JILL M. Mbr      X  X           

5. COL MELCHIOR, ROBERT J. PO      X  X           



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