Search Decisions

Decision Text

ARMY | DRB | CY1999 | 1999027358
Original file (1999027358.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): 981019

3. Authority for separation:

         a. Regulation: Chapter 9, AR 635-200

          b. Reason: Drug 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:
                            GCMDL
a. Period entered for: 4 Years NDSM
b. Entry date: 951101 ASR
c. Age: 18 Years DOB: 770826
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 115 3. Highest grade achieved:
f. Length of Service: E4
2 Year(s) 11 Month(s) 19 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: 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
NONE

Other discharge(s):

          Service   From      To        Type Discharge





PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 20 August 1998, the unit commander in consultation with Clinical/ADAPCP declared the applicant rehabilitation failure. On 1 October 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, for alcohol and other drug abuse rehabilitation failure, with a general, under honorable conditions discharge (GD). He was advised of his rights. The applicant acknowledged notification, waived 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
5 October 1998, the separation authority directed that the applicant be discharged with a GD.

         b. On 19 October 1998, the applicant was discharged with a general, under honorable conditions discharge, under the provisions of Chapter 9, AR 635-200, by reason of drug rehabilitation failure. He was credited with 2 years, 11 months, and 19 days active service on the enlistment under review.

         c. The unit commander indicated that the specific reason for initiating the applicant's discharge was the applicant's confirmed controlled substance abuse of cannabis and alcohol and his failure to make satisfactory progress in the ADAPCP program.

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 990529.
         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 28 July 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:
         ( )     Additional issue(s) identified during review/hearing as follows:
         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.

 (1) The issue is accepted in part. There was a full consideration of all service including the infraction of discipline, the extent thereof, and the seriousness of the offense. 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 entries in the service record. Additionally, the Board noted that the applicant was never administered any nonjudicial punishment and never reduced in rank. 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.

 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 4 1

         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. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 30 July 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 characterization of 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: 1999027358 INDEX NUMBERS: A9218
Date of Review: 990728 A9318
Character of Service: GD A9320
Date of Discharge: 981019 A0100
Authority: AR 635-200 C9
Reason: A6900
Results of Board Action/
Vote/Affirmation: HD 4-1 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           





Similar Decisions

  • ARMY | DRB | CY2000 | 2000047703

    Original file (2000047703.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.3. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000047703 INDEX NUMBERS: A9217 Date of Review: 001108 A9235 Character of Service: GD A0100 Date of Discharge: 981007 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization...

  • ARMY | DRB | CY2004 | AR2004102426

    Original file (AR2004102426.doc) Auto-classification: Denied

    Remarks: NONE 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 24 November 1998, the separation authority directed that the applicant be discharged with a characterization of service of honorable. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing...

  • ARMY | DRB | CY2000 | 2000036381

    Original file (2000036381.rtf) Auto-classification: Approved

    Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 991228. AR Number: 2000036381 INDEX NUMBERS: A0154 Date of Review: 000223 A0130 Character of Service: GD A9217 Date of Discharge: 981106 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: HD 4-1 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY1999 | 1999027198

    Original file (1999027198.rtf) Auto-classification: Approved

    However, the Board determined that the reason for the applicant’s discharge was appropriate. ( 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: 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:...

  • ARMY | DRB | CY1999 | AR1999028984

    Original file (AR1999028984.rtf) Auto-classification: Approved

    On 11 August 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason alcohol abuse-rehabilitation failure, with an honorable discharge (HD). The Board determined that the reason for discharge was proper and equitable and voted not to change it. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2003 | 2003094077

    Original file (2003094077.rtf) Auto-classification: Approved

    DateOffense(s) 980225 As a result of wrongful overindulgence of intoxicating liquor, you incapacitated yourself for the proper performance of your duties. Accordingly, the Board voted to change the characterization of service to fully honorable. AR Number: 2003094077 INDEX NUMBERS: A0130 Date of Review: 040210 A0154 Character of Service: GD A0113 Date of Discharge: 980917 A9217 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason...

  • ARMY | DRB | CY1999 | 99032233

    Original file (99032233.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990813. The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing alcohol and drug counseling and by the imposition of nonjudicial punishment. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2000 | 2000041109

    Original file (2000041109.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. Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1999 | 99027133

    Original file (99027133.rtf) Auto-classification: Approved

    Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. Accordingly, the Board voted to change the characterization of service to fully honorable and the reason for discharge to Secretarial Authority under the provisions of Chapter 5, AR 635-200. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2004 | AR20040000873

    Original file (AR20040000873.doc) Auto-classification: Approved

    On 11 June 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of drug rehabilitation failure, with a general, under honorable conditions discharge. On 25 June 1998, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army...