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ARMY | DRB | CY1999 | 1999024914
Original file (1999024914.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): 881117

3. Authority for separation:

         a. Regulation: Chapter 9, AR 635-200

          b. Reason: Alcohol 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:
                            ASR
a. Period entered for: 4 Years
b. Entry date: 870625
c. Age: 25 Years DOB: 620103
d. Educational level: 14 Years
e. Aptitude area score:
          GT: 95 3. Highest grade achieved:
f. Length of Service: E3
1 Year 4 Months 23 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:

         Date     Offense(s)
         871020 FTG (871005)
         880603 Result of wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for proper performance of your duties (880527)

7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: Bar to Reenlistment (880802)
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         USAR 840411 840827 HD



PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that on 26 April 1988, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant rehabilitation failure. On 25 July 1988, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, alcohol abuse-rehabilitation failure, with a recommendation for a general, under honorable conditions discharge (GD). The applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement in his own behalf. Staff Judge Advocate determined the separation action to be legally sufficient. The separation authority directed that the applicant be discharged with a GD.

         b. On 17 November 1988, the applicant was discharged with a GD. At the time of his discharge the applicant had completed 1 year, 4 months, and 23 days of active military service on his current enlistment, 4 years, 6 months, and 29 days of service in the Army reserves, for a total of 5 years, 11 months, and 22 days of credible military service.

         c. The applicant’s record shows that he completed almost 1 and ½ years of his 4 year active duty enlistment; and that he highest rank he attained while on active duty was private first class/E-3. There are no documented acts of valor, significant achievement, or service warranting special recognition contained in the record. The applicant’s disciplinary record includes his acceptance of two Article 15’s: the first on 20 October 1987 for failure to go to his prescribed place of duty which resulted in a reduction to private/E-1; and the second on 3 June 1988 for being incapacitated for duty because of previous overindulgence of intoxicating liquor which resulted in his reduction to private/E-2. The applicant was also barred from reenlistment on 2 August 1988 based on his disciplinary record. The applicant was enrolled in the Army Drug and Alcohol Prevention Control Program (ADAPCP) 9 October 1987. On 25 July 1988 the unit commander in consultation with ADAPCP personnel declared the applicant a rehabilitation failure and processed the applicant for separation for that reason.

 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 990310, 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 D.C. on 28 April 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 characterization of service was improper.
         b. Request: ( X ) Recharacterization ( X ) 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 noted that the government introduced a document into the discharge process revealing that the applicant had self-referred to the Alcohol and Drug Prevention and Control Program for substance abuse. This is limited use information as defined in Chapter 6,
AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to fully honorable. However, the board found that the reason for discharge was fully supported by the record and voted not to change it.


         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 to item not addressed as decisional issue:

The Board noted the applicant’s request to obtain information on requesting his 201 file. Records requests are not in the purview of the Army Discharge Review Board; however, we are directing, in Part VIII of this document, that the applicant be provided proper procedures for requested copies of his military records.
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 .
         ( )      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 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. ADRIANCE
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE


 TO: ARBA Support Division-St Louis Date: 30 April 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 )   Other (see remarks below).
Remarks: Advise the applicant of proper procedures for requesting copies of his military records as part of the final action on this application.
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: 1999024914 INDEX NUMBERS: A0154
Date of Review: 990428 A9218
Character of Service: GD A0100
Date of Discharge: 881117
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           

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