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ARMY | DRB | CY1999 | 1999018587

Original file (1999018587.rtf) Auto-classification: Denied

PART II - APPLICATION DATA

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

1. Character of Discharge: GD

2. Date of discharge (or REFRAD): 840213

3. Authority for separation:

         a. Regulation: Chapter 13, AR 635-200

         b. Reason: Unsatisfactory Performance

4. Prior review(s): NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.       Service data: 2. Awards and decorations:
                           GCMDL
a. Period entered for: 3 Years NCOPDR(1)
b. Entry date: 810601 C/Ach(1)
c. Age: 24 Years DOB: 570309
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 123 3. Highest grade achieved:
f. Length of Service: E5
2 Years 8 Months 13 Days

4. Performance evaluations:
See OMPF

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:

         Date     Offense(s)
         830721   Found drunk while on duty (830511); FTG, four specifications; (830519); (830519); (830520); (830520)
         831102   Found drunk while on duty (831023)

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
         RA       770927   810531   HD

PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
         a. Evidence of record shows that on 15 December 1983, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance, with a general, under honorable conditions discharge (GD). The applicant was advised of his rights, waived legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a GD. On 1 February 1984, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a GD.

         b. On 13 February 1984, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 2 years, 8 months, 13 days of his current enlistment and a total of 6 years, 4 months and 17 days active military service.

         c. The applicant completed over 6 years of service, attained the rank of sergeant/E-5, and earned a Good Conduct Medal. There are no documented acts of valor, significant achievement, or service warranting special recognition contained in the record. However, there is an extensive history of disciplinary problems and incidents of poor duty performance on file. During the enlistment under review the applicant accepted two Article 15’s: the first on 21 July 1983 for being drunk on duty which resulted in his reduction in rank to specialist/
E-4; and the second on 2 November 1983 for being drunk on duty and four separate incidents of failing to go to his prescribed place of duty, which resulted in his reduction in rank to private first class/E-3. The applicant had also been enrolled in the Army Drug and Alcohol Prevention Control Program (ADAPCP) from which he was dropped as a rehabilitation failure. The unit commander processed the applicant for separation based on unsatisfactory performance, citing the applicant being counseled seven times for alcohol related incidents; eight incidents of his missing formations; his record of nonjudicial punishment; and his being apprehended for the wrongful possession and distribution of hashish, as the basis for taking action. The unit commander also indicated that the applicant had been afforded the opportunity for rehabilitation from his alcohol related problems; however, that he had failed to respond to the ADAPCP counseling and had been a rehabilitation failure from the program.

2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.

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 990114.
         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:
         ( ) Records review ( X ) Hearing

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

         c. Review/hearing location and date: Washington D.C. on 8 March 1999.

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

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

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

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

2. Exhibit(s) submitted at hearing: Forty-Four (44) additional documents.

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

(1) The issue is rejected. The Board noted the applicant’s contention that, in effect, he could have done better if he had the opportunity for proper alcohol related counseling. However, after carefully examining the applicant’s record for the enlistment under review, the Board concluded that this claim is not corroborated by either the evidence of record or the independent evidence submitted by the applicant. The evidence of record establishes the fact that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems through enrollment in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP). As a result of his own actions, and after consultation with the drug and alcohol abuse counselor, the command declared him a rehabilitation failure. Further, the Board concluded that the applicant through his abuse of alcohol and poor duty performance knowingly risked his military career, and that this conduct 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(s) to item(s) not addressed as decisional issue(s): NONE

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: 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. ADRIANCE
Case Reviewing Official

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

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: 1999018587 INDEX NUMBERS: A9217
Date of Review: 990308 A9319
Character of Service: GD A9329
Date of Discharge: 840213 A0100
Authority: AR 635-200 C13
Reason: A4900
Results of Board Action/
Vote/Affirmation: NC 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

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ARMY | DRB | CY1999 | 1999018587

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