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ARMY | DRB | CY1999 | 1999027175

Original file (1999027175.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): 841101

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:
                           NCOPDR
a. Period entered for: 3 Years ASR
b. Entry date: 830914 OSR
c. Age: 22 Years DOB: 610116
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 104 3. Highest grade achieved:
f. Length of Service: E4
1 Year 1 Month 18 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: Bar to Reenlistment (840724)

SECTION B - Prior Service Data

Other discharge(s):

         Service From      To        Type Discharge
         RA 790706 820702 HD

PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that on 20 September 1984, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant rehabilitation failure. On 2 October 1984, the unit commander notified the applicant of initiation of separation action under the provisions of
Chapter 9, AR 635-200, drug abuse-rehabilitative failure. The applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. On 23 October 1984, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge (GD).

         b. On 1 November 1984, the applicant was discharged with a GD. At the time of his discharge he had completed 1 year, 1 month, 18 days of his current enlistment, and a total of 4 years, 1 month and 15 days of active military service.

         c. The applicant’s record shows that he completed over 4 years of service; attained the rank of specialist/E-4; and completed an overseas tour in Germany. The applicant was enrolled in the Army Drug and Alcohol Prevention Control Program (ADAPCP) on 20 July 1984, for a positive urinalysis for marijuana. Subsequent to his enrollment in ADAPCP, the applicant tested positive for marijuana twice, on 24 and 30 August 1984. His unit commander in consultation with ADAPCP personnel declared him a rehabilitation failure and processed him for separation, citing his continued use of illegal drugs as the basis for taking action.

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 990524.
         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 30 June 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: (1) The Government introduced limited use information
into the discharge process.

         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.

(1) The issue is accepted. The Board noted that the government introduced information pertaining to urine tests taken, subsequent to the applicant’s enrollment 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 applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.

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:

         ( )      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 3 2

         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 June 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 )   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

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: 1999027175 INDEX NUMBERS: A0130
Date of Review: 990630 A9218
Character of Service: GD A9500
Date of Discharge: 841101
Authority: AR 635-200 C9
Reason: A6900
Results of Board Action/
Vote/Affirmation: HD 3-2 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 | 1999027175

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