Search Decisions

Decision Text

ARMY | DRB | CY2001 | 2001052295
Original file (2001052295.rtf) Auto-classification: Approved
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): 000423

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:
                            ASR
a. Period entered for: 4 Years
b. Entry date: 970806
c. Age: 18 Years DOB: 781109
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 109 3. Highest grade achieved:
f. Length of Service: E4
2 Year(s) 8 Month(s) 18 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)
         000105   Violated a lawful general regulation by wrongfully drinking with your squad leader (991107).

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 1 December 1999, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure. On 16 February 2000, 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 an honorable 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 25 February 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be transferred to the Individual Ready Reserve (IRR) and issued a general discharge.

         b. On 23 April 2000, the applicant was released from active duty. At the time of discharge, the applicant had 2 years, 8 months, and 18 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. (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 010117.
         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 7 March 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:
         ( X )   Additional issue(s) identified during review/hearing as follows:

Board Issue: (2) Characterization of service was too harsh.
         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.

 (2) The issue is accepted. 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. Accordingly, the Board voted to grant 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) See Paragraph 3, below.

 3. Response(s) to item(s) not addressed as decisional issue(s):

Inasmuch as the Board voted to grant the full relief requested, response to the remaining issue is neither required nor rendered.
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. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 9 March 2001

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:


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: 2001052295 INDEX NUMBERS: A9406
Date of Review: 010307 A6901
Character of Service: GD A9218
Date of Discharge: 000423 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           






Similar Decisions

  • ARMY | DRB | CY1999 | 1999024784

    Original file (1999024784.rtf) Auto-classification: Denied

    On 27 May 1994, the applicant was discharged with an honorable discharge, under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE 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 AR...

  • ARMY | DRB | CY1999 | 1999025597

    Original file (1999025597.rtf) Auto-classification: Denied

    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. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE 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 AR Number: 1999025597...

  • 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 | CY1998 | 1998012860

    Original file (1998012860.rtf) Auto-classification: Approved

    Therefore, the Board concluded that the discharge was improper and voted to grant relief in the form of an upgrade of characterization of service to fully honorable and a change to the reason for discharge to Secretarial Authority. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 98012860 INDEX NUMBERS: A9218 Date of Review: 990113 A0102 Character of Service: EL A0114 Date of Discharge: 971216 Authority: AR 635-200 C9 Reason:...

  • ARMY | DRB | CY2003 | AR2003093622

    Original file (AR2003093622.doc) Auto-classification: Denied

    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 28 March 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and...

  • ARMY | DRB | CY1999 | 1999025628

    Original file (1999025628.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 reason for discharge was proper and equitable and voted not to change it. ( 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

  • ARMY | DRB | CY1999 | 1999029324

    Original file (1999029324.rtf) Auto-classification: Approved

    Accordingly, the Board voted to upgrade the characterization of the service to fully honorable, and to change the reason for discharge to Secretarial Authority. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999029324 INDEX NUMBERS: A9218 Date of Review: 990804 A9222 Character of Service: GD A0102 Date of Discharge: 860415 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason...

  • ARMY | DRB | CY2003 | 2003086073

    Original file (2003086073.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. On undated, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1998 | 1998012841

    Original file (1998012841.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 MR. ADRIANCE 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 AR Number: 98012841 INDEX...

  • ARMY | DRB | CY2000 | 2000043150

    Original file (2000043150.rtf) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. AR Number: 2000043150 INDEX NUMBERS: A6901 Date of Review: 000802 A0100 Character of Service: HD A9307 Date of Discharge: 930901 A9445 Authority: AR 635-200 C9 A9217 Reason: A6900 Results of Board...