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ARMY | DRB | CY1997 | 199700780
Original file (199700780.rtf) Auto-classification: Approved
                                    CASE NO: AD97-00780
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): 841025

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: 4 Years Type
b. Entry date: 820818 ASR
c. Age: 20 Years DOB: 620120
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 110 3. Highest grade achieved:
f. Actual creditable service: 2 Years
2 Months 8 Days Grade
E4

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00780
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE


6. Nonjudicial punishment:

         Nature Date
         Art 15   840815  

7. Court-Martial data: ( X ) NONE
         

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

         CASE NO: AD97-00780
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         840809:  Unit commander in consultation with Chief, ADAP stated that                        applicant’s potential for successful rehabilitation is poor an                     declared him a rehabilitation failure.
         841016:  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.
         841016:  Separation authority approved separation with a general under                      honorable conditions discharge.
         841025:  Applicant was discharged.
         

2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         ( X ) NONE

 3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 970114.



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: AD97-00780
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:
         ( X )   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.

Board Issue: (1) The reason for separation is improper.

(1) The issue is accepted. The Board noted that the applicant was command referred to the Alcohol and Drug Prevention Control Program(ADAPCP)for the abuse of illegal drugs. The Board also noted that after the initial screening the applicant was not enrolled in the program due to his unwillingness to change his behavior. Current regulation stipulates that a soldier must be enrolled in the ADAPCP inorder to be declared a rehabilitative failure. The Board concluded that the record does not support the reason for separation and the Board voted to change it to Secretarial Authority. Considering all the facts, the Board did not have substantial doubt that the discharge would have been any different if the error had not been made. Accordingly, the Board determined the characterization of service was both proper and equitable and voted to deny relief.
         b. Equity:       The applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.

        


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

                            CASE NO: AD97-00780
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( )      Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( X )    Improper as to reason. Change reason to  SECRETARIAL AUTHORITY  under  AR 635-200           .
         ( 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 5 0
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: AD97-00780
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC SMITH
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.
         ( ) Characterization of discharge be changed to Honorable.
         ( ) Characterization of discharge be changed to Under            Honorable Conditions.
         (X ) Reason and authority for discharge be changed to            Secretarial Authority under AR 635-200.
          (X ) Other (see remarks below).
Remarks:         ADRB directs ARPERCEN to send applicant new DD 214 with                  reason change.
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:

AD9700780 970402 GD 841025 AR 635-200 C9 A6900 MD 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0100 A9500
53 58 63


                           CASE NO: AD97-00780
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. LTC WHISKER, JILL M. Mbr  X             X    

4. COL ALLEN, THOMAS J. Mbr  X             X    

5. COL MATHEWS, WILLIAM PO  X             X    



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