Upgrade.Vet

ARMY | DRB | CY1998 | 1998012860

Original file (1998012860.rtf) Auto-classification: Approved

PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: UNCHAR

2. Date of discharge (or REFRAD): 971216

3. Authority for separation:

         a. Regulation: Chapter 9, AR 635-200

         b. Reason: Alcohol Rehabilitation Failure

4. Prior review(s): NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.       Service data: 2. Awards and decorations:
                           AAM(2)
a. Period entered for: NIF
b. Entry date: 970313
c. Age: 35 Years DOB: 611213
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 83 3. Highest grade achieved:
f. Length of Service: E4
0 Years 9 Months 4 Days

4. Performance evaluations:
NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: NONE

Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other

6. Nonjudicial punishment: NONE

         Date     Offense(s)


7. Court-Martial data: NONE

         a. SCM:
                  Date Offense(s)


         b. SPCM:
                  Date Offense(s)

         c. GCM:
                  Date Offense(s)

8.       Remarks: NONE

SECTION B - Prior Service Data

Other discharge(s):

         Service From      To        Type Discharge
         ARNG 810622 810825 HD
         RA 860226 890224 HD

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. Note: All the facts and circumstances pertaining to applicant’s discharge proceedings under the provisions of Chapter 9, AR 635-200, alcohol rehabilitation failure, are not in the file. On 25 September 1997, the Clinical Director of the Army Drug and Alcohol Prevention Control Program (ADAPCP) completed a summary of the applicant’s progress in ADAPCP. The statement indicated that the applicant’s prognosis was good at that time. On 7 October 1997, the applicant’s unit commander notified the applicant that he was scheduled to appear before an administrative separation board to determine if he should be separated under the provisions of Chapter 9, AR 635-200; however, there is no evidence of the board proceedings contained in the record.

         b. The record contains signed DD Form 214, indicating the following facts: Character of Service-Uncharacterized; Authority for Discharge-Chapter 9, AR 635-200; and the Narrative Reason for Discharge-Alcohol Rehabilitation Failure. He was discharged on 16 December 1997 after completing 9 months and 4 days of his current enlistment, a total of 3 years, 11 months, 7 days of active service, and 5 years, 7 months, 9 days of inactive service.

         c. The applicant’s record shows that he had completed well over 180 days of continuous active service on his current enlistment and that over the course of his service he had earned a Good Conduct Medal and 2 Army Achievement Medals. The record is unclear as to the basis for the applicant being awarded an uncharacterized description of service or the basis for his being declared an ADAPCP rehabilitation failure. The only ADAPCP statement in the record indicates that the applicant had a good prognosis for rehabilitation at the time it was issued, 25 September 1997.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. (However, an honorable discharge is required if restricted use information is used in the discharge process).

SECTION B-APPLICANT’S SUBMISSIONS

1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.

2. Exhibit(s) submitted:

         A-1: DD Form 293, dated 981113, with four (4) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion

Referred to ( ) Medical Advisor ( ) Legal Advisor

a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):

PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
         ( X ) Records review ( ) Hearing

         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington D.C. on 13 January 1999 .

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
         Counsel ( ) Yes ( X ) No

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

         f. Counsel presentation: ( ) Yes ( X ) No

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

2. Exhibit(s) submitted at hearing:

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 of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( X )   Additional issue(s) identified during review/hearing as follows:

Board Issue: (2) The discharge was improper.

         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 parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

(2) The issue is accepted. The Board concluded that the evidence of record provides an insufficient basis on which to declare the applicant a rehabilitation failure from the ADAPCP. This caused a reasonable doubt, on the part of the Board, that the discharge was proper at the time it was issued. The evidence of record provides only one consultation with ADAPCP personnel. In fact, it concluded that the applicant’s prognosis for success in the program was good. Further, the Board found that the characterization of service description of uncharacterized was improperly awarded to the applicant. Regulatory guidance provides that soldiers separating, under the provisions of chapter 9, AR 635-200, will be awarded an honorable discharge unless they are in an entry level status. Entry level status is defined as the first 180 days of continuous active duty at the time separation action is initiated. The applicant exceeded the 180 day requirement, even if it is stipulated that the board notification letter, dated 7 October 1997, is the separation initiation date. Therefore, the Board concluded that the discharge was improper and voted to grant relief in the form of an upgrade of characterization of service to fully honorable and a change to the reason for discharge to Secretarial Authority.

         b. Equity:       The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

(1) See Paragraph 3, below.

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

Inasmuch as the Board voted to grant full relief, response to the remaining issue is neither required nor rendered.

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

         ( )      Proper.
         ( X )    Improper as to characterization. Change characterization to Honorable .
( X )   Improper as to reason. Change reason to Secretarial Authority, under Chapter 5 , AR 635-200.
         ( )      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 5 0

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

3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified


MR. JOSEPH A. ADRIANCE
Case Reviewing Official

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis Date: 15 January 1999

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 the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

( X )   Characterization of discharge be changed to Honorable.
( X )   Reason and authority for discharge be changed to
        Secretarial Authority, AR 635-200.

SECTION B - CERTIFICATION

Approval Authority:

THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:

SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

AR Number: 98012860 INDEX NUMBERS: A9218
Date of Review: 990113 A0102
Character of Service: EL A0114
Date of Discharge: 971216
Authority: AR 635-200 C9
Reason: A6900
Results of Board Action/
Vote/Affirmation: HD 5-0 A

PART IX - VOTING RECORD

Name Reason Characterization
CHANGE NC HON UHC NC UNCHAR
1.      Mbr X X

2.      Mbr X X

3.      Mbr X X

4.      Mbr X X

5.      PO X X

Similar Decisions

ARMY | DRB | CY1999 | 1999025071

Original file (1999025071.rtf) Auto-classification: Approved

A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) ( X ) Characterization of discharge be changed to Honorable.SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR Number: 1999025071 INDEX NUMBERS: A0130 Date of Review: 990526 A9218 Character of Service: GD A9222 Date of Discharge: 850802 Authority: (Regulation & Chapter) Reason: A6900 Results of Board Action/ Vote/Affirmation: HD...
ARMY | DRB | CY2000 | 2000042756

Original file (2000042756.rtf) Auto-classification: Denied

Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material...
ARMY | DRB | CY2003 | 2003083916

Original file (2003083916.rtf) Auto-classification: Denied

Applicant's issue(s) of propriety and/or equity: ( X ) Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board AR Number:...
ARMY | DRB | CY2001 | 2001054610

Original file (2001054610.rtf) Auto-classification: Denied

The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his own behalf. On 26 May 1997, the applicant was discharged. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:GERARD W. SCHWARTZ Colonel, U.S. Army President, Army...
ARMY | DRB | CY2001 | 2001051779

Original file (2001051779.rtf) Auto-classification: Denied

The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A -...
ARMY | DRB | CY2000 | 2000035047

Original file (2000035047.rtf) Auto-classification: Approved

The Board carefully reviewed the applicant’s record of service during the period of enlistment under review. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000035047 INDEX NUMBERS: A9320 Date of Review: 000128 A9406 Character of Service: GD A9218 Date of Discharge: 970722 A0100 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.
ARMY | DRB | CY2000 | 2000046282

Original file (2000046282.rtf) Auto-classification: Approved

The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000046282 INDEX NUMBERS: A0130 Date of Review: 000920 A9217 Character of Service: GD Date of Discharge: 970723 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason Characterization...
ARMY | DRB | CY2002 | 2002077196

Original file (2002077196.TXT) Auto-classification: Denied

Remarks: NONE SECTION B - Prior Service Data NONE Other discharge(s): Service From To Type Discharge PART IV - PREHEARING REVIEW SECTION A-ANALYSTS ASSESSMENT l. Facts and Circumstances: a. Applicant's issue(s) of propriety and/or equity: ( X ) Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS Case Reviewing...
ARMY | DRB | CY2004 | AR2004100692

Original file (AR2004100692.doc) Auto-classification: Approved

On 3 July 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol abuse rehabilitation failure, with a general, under honorable conditions discharge. On 14 July 1997, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Change characterization to Honorable.
ARMY | DRB | CY2000 | 2000048570

Original file (2000048570.rtf) Auto-classification: Denied

Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. On 16 December 1997, the applicant was discharged. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board

Search Decisions

Decision Text

ARMY | DRB | CY1998 | 1998012860

Similar Decisions