Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000050192
Original file (2000050192.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: General, Under Honorable Conditions

2. Date of discharge (or REFRAD): 880830

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: 3 Years
b. Entry date: 870512
c. Age: 18 Years DOB: 680810
d. Educational level: 10 Years
e. Aptitude area score:
         GT: 109 3. Highest grade achieved:
f. Length of Service: E2
1 Year(s) 3 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:

         Date     Offense(s)
         880602   Failed to go to your appointed place of duty (880430).


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. Evidence of record shows that on 18 July 1988, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure. On 9 August 1988, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol abuse-rehabilitation failure, with a general discharge. He was advised of his rights. 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. The unit commander subsequently recommended separation from the service, and waiver of further rehabilitative efforts. On 11 August 1988, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general discharge.

         b. On 30 August 1988, the applicant was discharged. At the time of discharge, the applicant had 1 year, 3 months, and 19 days service on his current enlistment under review.

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.


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 001030.
         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 24 January 2001 .

         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 ( ) 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 rejected. The Board carefully examined the applicant’s record of service during the period of enlistment under review. There was a full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board determined that the applicant, by violating the Army's policy not to abuse alcohol compromised the special trust and confidence placed in a soldier. The applicant, as a soldier, had the duty to support and abide by the Army's alcohol abuse policies. By abusing alcohol, the applicant knowingly risked a military career, and this misconduct diminished the quality of his service below that meriting a fully honorable discharge. The Board acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in his application. However, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

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                       .

         ( 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 1 4

         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

NONE

SECTION B - CERTIFICATION

Approval Authority:


WILSON A. SHATZER
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




EARNEST C. SMITH, JR.
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: 2000050192 INDEX NUMBERS: A9405
Date of Review: 010124 A9217
Character of Service: GD A9221
Date of Discharge: 880330 A0101
Authority: AR 635-200 C9
Reason: A6900
Results of Board Action/
Vote/Affirmation: NC 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 | CY1999 | 1999024914

    Original file (1999024914.rtf) Auto-classification: Approved

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) 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. 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:...

  • ARMY | DRB | CY1999 | 1999017696

    Original file (1999017696.rtf) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his behalf. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review...

  • ARMY | DRB | CY1999 | 99032312

    Original file (99032312.rtf) Auto-classification: Denied

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Mr. M. Armstrong Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material...

  • ARMY | DRB | CY2000 | 2000040571

    Original file (2000040571.rtf) Auto-classification: Denied

    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 991207. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2001 | 2001052473

    Original file (2001052473.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. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A -...

  • ARMY | DRB | CY2000 | 2000050184

    Original file (2000050184.rtf) Auto-classification: Denied

    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 AR Number: 2000050184 INDEX NUMBERS: A9217 Date of Review: 010124 A9235 Character of Service: GD A0100 Date of Discharge: 880407 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: NC 4-1 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2000 | 2000040896

    Original file (2000040896.rtf) Auto-classification: Approved

    Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. 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. ( X ) Change the characterization of discharge to Honorable .

  • ARMY | DRB | CY1999 | 99032358

    Original file (99032358.rtf) Auto-classification: Approved

    On 22 November 1988, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general discharge. 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. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2000 | 2000051033

    Original file (2000051033.rtf) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, 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 | CY2003 | 2003087342

    Original file (2003087342.rtf) Auto-classification: Approved

    Period entered for: 4 Years b. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. On 4 May 1988, the applicant was discharged.