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ARMY | DRB | CY1999 | 1999027198
Original file (1999027198.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): 980320

3. Authority for separation:

         a. Regulation: Chapter 9, AR 635-200

          b. Reason: Alcohol 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:
                            AAM(3)
a. Period entered for: 3 Years (16 mos ext) GCMDL
b. Entry date: 960628 (970529)
c. Age: 22 Years DOB: 740606
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 93 3. Highest grade achieved:
f. Length of Service: E4
1 Year 8 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: 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: NONE
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         RA 940210 960627 HD


PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 14 January 1998, the unit commander, in consultation with the Clinical Director of the Army Drug and Alcohol Prevention Control Program (ADAPCP), declared the applicant a rehabilitation failure. The unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason alcohol rehabilitation failure, with a recommendation for 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 separation authority directed that the applicant be discharged with a GD.

         b. On 20 March 1998, the applicant was discharged with a GD. At the time of his discharge the applicant had completed 1 year, 8 months, 23 days of his current enlistment, and a total of 4 years, 1 month and 11 days of active military service.

         c. The applicant’s record shows that he completed just over 4 years of service; attained the rank of specialist/E-4; and earned three Army Achievement Medals, and the Army Good Conduct Medal. The record contains no derogatory information prior to the incident which led to his discharge, there is no record of court-martial or nonjudicial punishment, and the applicant was never reduced in rank while on active duty. After consultation with ADAPCP personnel, the unit commander initiated action to separate the applicant, under the provisions of Chapter 9, AR 635-200, by reason of his being a rehabilitation failure from ADAPCP. The unit commander cited the applicant’s failure to comply with his ADAPCP treatment plan as his basis for taking the action, and indicated that further rehabilitative efforts with the applicant were not practical. ADAPCP rehabilitation failure was the sole reason listed by the unit commander for the applicant’s separation, there were no other disciplinary infractions recorded or offered in support of the 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 990527, with three (3) 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 11 August 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: (4) The characterization of service was too harsh.
         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 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.

 (4) The issue is accepted. The Board noted that the applicant was separated for the sole reason of being a Army Drug and Alcohol Prevention Control Program rehabilitation failure based on his not complying with his treatment plan, with no other derogatory information offered in support of the action. After a full consideration of all service including the basis for the applicant’s discharge, the Board determined that the characterization of service was inequitable because the applicant's generally acceptable personal conduct and performance of duty mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
(1), (2), and (3) The issues are rejected. The Board noted the applicant’s request that his discharge be changed to uncharacterized based on his honorably completing his first enlistment, in order for him to obtain education benefits. However, the Board determined that the reason for the applicant’s discharge was appropriate. Furthermore, eligibility for veteran's benefits, to include educational benefits under the Montgomery GI Bill, does not fall within the purview of the Army Discharge Review Board. However, the applicant should contact a local office of the Department of Veterans Affairs to determine his current eligibility status for education benefits, in light of the relief granted in response to issue (4) above.


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                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to Honorable .
         ( )      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: 13 August 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: 1999027198 INDEX NUMBERS: A9202
Date of Review: 990811 A9218
Character of Service: GD A9446
Date of Discharge: 980320 A0100
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.      PO      X  X           





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