Upgrade.Vet

ARMY | DRB | CY1999 | 1999019257

Original file (1999019257.rtf) Auto-classification: Approved

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): 920624

3. Authority for separation:

         a. Regulation: Chapter 9, AR 635-200

         b. Reason: Drug Abuse 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:
                           NDSM
a. Period entered for: 4 Years ASR
b. Entry date: 900502 OSR(1)
c. Age: 19 Years DOB: 701101
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 110 3. Highest grade achieved:
f. Length of Service: E3
2 Year(s) 1 Month(s) 23 Day(s)

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:

         Date     Offense(s)
         920428 Fail to obey (900901)

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
         USAR 880714 881205 HD

PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that on 14 April 1992, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant rehabilitation failure. On 8 June 1992, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, drug and alcohol failure. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf. The unit commander subsequently recommended approval of the discharge action and forwarded it through command channels to the separation authority. On 9 June 1992, the separation authority directed that the applicant be discharged with a general discharge.

         b. On 24 June 1992, the applicant was discharged with a general, under honorable conditions discharge, under the provisions of Chapter 9, AR 635-200, by reason of drug abuse rehabilitation failure. He was credited with 2 years,
1 month, and 23 days active service on the enlistment under review.

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 990113, with one (1) 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, DC on 3 March 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: (3) The discharge is 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 l, above:

(3) The issue is accepted. The Board noted that the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for his abuse of alcohol and alcohol related misconduct. He was later declared a rehabilitation failure and separation action was initiated. The Board also noted that the separation authority approved the applicant’s discharge based on drug abuse rehabilitation failure. However, the evidence of record does not support drug abuse rehabilitation failure as the narrative reason for discharge. The Board further determined that the erroneous reason for the applicant’s discharge prejudiced the characterization of his service. Therefore, the Board concluded the narrative reason and the characterization of his service were improper and voted to change the reason for discharge to Secretarial Authority, the characterization of service to fully honorable, and to change the applicant’s reentry (RE) code to RE-1.

         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) and (2) See response to paragraph 3, below.

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

Inasmuch as the Board voted to grant the full relief requested, responses to remaining issues are 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 .

         ( 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 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


MRS. WADE
Case Reviewing Official

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis Date: 5 March 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 )   Changed characterization of discharge to Honorable .
( X )   Change reason and authority for discharge to
        Secretarial Authority, Chapter 5, AR 635-200 .
( X )   Other (see remarks below).

Remarks: Change Reentry (RE) code to RE-1 .

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: 1999019257 INDEX NUMBERS: A0114
Date of Review: 990303 A9319
Character of Service: GD A9445
Date of Discharge: 920624
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.      Mbr X X

Similar Decisions

ARMY | DRB | CY1999 | 1999024784

Original file (1999024784.rtf) Auto-classification: Denied

On 27 May 1994, the applicant was discharged with an honorable discharge, under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR...
ARMY | DRB | CY1999 | 1999029324

Original file (1999029324.rtf) Auto-classification: Approved

Accordingly, the Board voted to upgrade the characterization of the service to fully honorable, and to change the reason for discharge to Secretarial Authority. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999029324 INDEX NUMBERS: A9218 Date of Review: 990804 A9222 Character of Service: GD A0102 Date of Discharge: 860415 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason...
ARMY | DRB | CY1999 | 1999025597

Original file (1999025597.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 MR. ADRIANCE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR Number: 1999025597...
ARMY | DRB | CY1998 | 1998012860

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

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. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant 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:...
ARMY | DRB | CY2000 | 2000042615

Original file (2000042615.rtf) Auto-classification: Approved

On 18 May 1993, the applicant was discharged. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE TO: ARBA Support Division-St Louis Date: 30 June 2000 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...
ARMY | DRB | CY1999 | 1999025632

Original file (1999025632.rtf) Auto-classification: Approved

A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) ( X ) Change the characterization of the discharge to Honorable.SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR Number: 1999025632 INDEX NUMBERS: A0130 Date of Review: 990602 A9218 Character of Service: GD A9500 Date of Discharge: 930624 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: HD 5-0...
ARMY | DRB | CY2003 | 2003086073

Original file (2003086073.rtf) Auto-classification: Approved

The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. On undated, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY1999 | 1999027175

Original file (1999027175.rtf) Auto-classification: Approved

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. ( X ) Change the characterization of the discharge to Honorable.SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR Number: 1999027175 INDEX NUMBERS: A0130 Date of Review: 990630 A9218 Character of Service: GD A9500 Date of Discharge: 841101 Authority: AR 635-200 C9 Reason:...
ARMY | DRB | CY1999 | 1999025010

Original file (1999025010.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 MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for...
ARMY | DRB | CY1999 | 1999027360

Original file (1999027360.rtf) Auto-classification: Denied

A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990608. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

Search Decisions

Decision Text

ARMY | DRB | CY1999 | 1999019257

Similar Decisions