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ARMY | DRB | CY1999 | 1999025071
Original file (1999025071.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): 850802

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:
                            ASR
a. Period entered for: 3 Years
b. Entry date: 831116
c. Age: 18 Years DOB: 650702
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 103 3. Highest grade achieved:
f. Length of Service: E2
1 Year 8 Months 17 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)
         850711 Wrongfully ingested marijuana, sometime during the ten day period prior to giving the sample (850422)

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 (850527)
SECTION B - Prior Service Data
NONE

Other discharge(s):

          Service   From      To        Type Discharge





PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
          a. On 19 June 1985, the Clinical Director of the Army Drug and Alcohol Prevention Control Program (ADAPCP) prepared a synopsis of the applicant’s rehabilitation activities which indicated a poor prognosis for rehabilitation and recommended the applicant be discharged, under the provisions of chapter 9,
AR 635-200. On 2 July 1985 the unit commander prepared a synopsis of the applicant’s ADAPCP in which he indicated that the applicant had been declared a rehabilitation failure on 19 June 1985, and he notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, drug abuse-rehabilitation failure; with a recommendation for a general, under honorable conditions (GD) discharge. 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. On 22 July 1985, the separation authority directed that the applicant be discharged with a GD.

         b. On 2 August 1985, the applicant was discharged with a GD. At the time of his discharge the applicant had completed 1 year, 8 months, and 17 days of active military service.

         c. The applicant’s record shows that he completed almost 2 years of service and the highest rank he attained while on active duty was private/E-2. His disciplinary record shows the applicant received an Article 15 on 11 July 1985 for wrongfully using marijuana which resulted in his reduction to private/E-1. The applicant was a two time enrollee in the ADAPCP: the first time Track I, from 13 December 1984 based on his involvement in a drunk and disorderly incident; and the second enrollment in Track II began on 11 June 1985. A treatment synopsis from the clinical director, dated 19 June 1985, indicated the applicant’s prognosis for successful results was poor and recommended that the applicant be discharged. In this synopsis he commented that the applicant had tested positive for drugs during his enrollment in Track 1, and that he had been enrolled in Track II based on a positive drug test. On 2 July 1985 the unit commander prepared a synopsis of the applicant’s rehabilitation and initiated separation action. He indicated that the applicant was declared a rehabilitation failure on 19 June 1985; he further commented that second enrollment in ADAPCP was based on a THC positive and that the applicant had previously tested positive on 22 April 1985.

 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 990204, 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 26 May 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 ( ) 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 applicant had not been afforded the full 30 days of enrollment in the Track II portion the Alcohol and Drug Prevention and Control Program (ADAPCP), as required by regulation. Furthermore, the Board determined that the government introduced a document into the discharge process revealing that the applicant had tested positive for drug use while enrolled in 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 a fully 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 a decisional issue:

 Inasmuch as the Board voted to grant the relief requested by the applicant, a response to the remaining issue, as provided in the applicant’s enclosed statement to the Board, 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.
         ( )      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: 28 May 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.


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: 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 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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