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ARMY | DRB | CY1997 | 199701520
Original file (199701520.rtf) Auto-classification: Denied

                                    CASE NO: AD97-01520
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

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

2. Date of discharge (or REFRAD): 940819

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:

a. Period entered for: 3 Years Type
b. Entry date: 911126 NDSM
c. Age: 22 Years DOB: 691015 ASR
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 96 3. Highest grade achieved:
f. Actual creditable service: 2 Years
8 Months 24 Days Grade
E3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-01520
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE


6. Nonjudicial punishment:

         Date     Offense(s)
         930811 DOLO (930723); disrespectful in language and deportment toward a NCO (930723) (Summarized)

7. Court-Martial data: ( X ) NONE

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






         CASE NO: AD97-01520
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
940630: Mental status evaluation cleared applicant for separation.
Undated: Physical examination cleared applicant for separation.
Undated: Unit commander in consultation with the Clinical Director/ADAPCP
declared the applicant rehabilitation failure.
940718: 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.
940718: Applicant acknowledged notification.
Undated: Applicant consulted legal counsel and submitted a statement in his
own behalf.
Undated: Unit commander recommended applicant to be separated from the
United States Army.
940725: Separation authority approved separation with an honorable
discharge.
940819: 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, undated.






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: AD97-01520
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 Army Discharge Review Board can understand the applicant's situation; and congratulates the applicant on staying alcohol free, starting school, and eliminating some of his problems since departing the Army. However, good post service conduct alone is not normally a basis which the ADRB grants relief, and it chose not to do so in this case. Eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board. The applicant should contact a local office of the Department of Veterans Affairs for assistance on this matter. additionally, The Army Discharge Review Board cannot change your reenlistment code. To obtain a change in an RE code, the applicant should send a letter with supporting documentation directly to: Commander, US Army PERSCOM, ATTN: TAPC-EPR-P, 2461 Eisenhower Avenue, Alexandria, Virginia 22331-0450. To obtain a waiver for reenlistment, the applicant should contact a local Army recruiter for assistance. The Board found no evidence of arbitrary or capricious actions by the command. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The Board, being convinced that the reason for discharge was both proper and equitable, voted to deny relief.
3. Response to item(s) not addressed as decisional issue(s): ( X ) NA

                            CASE NO: AD97-01520
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: AD97-01520
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC PHILLIPS
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:

AD9701520 970604 HD 940819 AR 635-200 C9 A6900 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A0113 A0100 A9221 A9307 A9445
53 58 63 68 73

                           CASE NO: AD97-01520
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC WYRICK, JIMMY R. Mbr      X          X    

2. LTC PHILLIPS, JOHN S. Mbr      X          X    

3. LTC SMITH, LILLIAN C. Mbr      X          X    

4. COL ALLEN, THOMAS J. Mbr      X          X    

5. COL MATHEWS, WILLIAM PO      X          X    




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