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):  901023

3.  Authority for separation:

	a.  Regulation:  Chapter 9, AR 6325-200

	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:
			                          ASR                       
a.  Period entered for: 3 Years                NCOPDR (1)
b.  Entry date: 871223                               
c.  Age: 20 Years   DOB: 670907                                                 
d.  Educational level:  HS Grad                                                 
e.  Aptitude area score:
	    GT: 99                                 3.  Highest grade achieved:
    f.  Length of Service:                         E4
         2 Year(s)  10 Month(s)  1 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)
	880727	Wrongfully used cocaine between (880625 and 880627).
	890202	Failed to go to your appointed place of duty (890118) (Summarized).
	890726	Derelict in the performance of your duties, in that you failed to have your ID Tag on your person (890713) (Summarized).
	900730	Wrongfully used cocaine between (900513 and 900523).

	___________________________________

	900511	Letter of reprimand-for driving while under the influence of alcohol (Administrative).  

7.  Court-Martial data:  NONE

	a.  SCM:  
		Date   Offense(s)
                     
	
	b.  SPCM:  
		Date   Offense(s)


	c.  GCM:	 
		Date   Offense(s)


8.	Remarks:  The applicant has an approved Bar to Reenlistment in file dated (880726).  


SECTION B - Prior Service Data


Other discharge(s):

	Service	From	To	Type Discharge
	RA	850809	871222	Honorable





PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that on 5 September 1990, the clinical director/ADAPCP in consultation with the unit commander declared the applicant a rehabilitation failure.  On 5 September 1990, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of drug abuse rehabilitation failure, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested treatment in a VA medical center and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 13 September 1990, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.  

	b.  On 23 October 1990, the applicant was discharged.  At the time of discharge, the applicant had completed 2 years, 10 months, and 1 day of active military service in the period under review and had a total of 5 years, 2 months and 15 days of active military service.

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 020622, with two (2) 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, DC on 20 November 2002.  

	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 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 the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The Board noted the applicant’s contentions; however, the evidence of record shows that the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) and was aware of the consequences of any action, which would demonstrate any inability or refusal to participate in, cooperate in, or successfully complete such a program.  The evidence of record establishes the fact that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems.  The Board determined that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct and poor duty performance, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Further, a change to the applicant’s reentry eligibility (RE) codes does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records regarding this matter.  An application for that Board is enclosed.  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       0         5   

	  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. RON WILLIAMS                                    
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:


SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




JOHN F. LONG    
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:  2002077780                    INDEX NUMBERS:  A9301
Date of Review:  021120                                   A9217
Character of Service:  GD                                 A9445
Date of Discharge:  901023                                A0100
Authority:  AR 635-200 C9                                 
Reason:  A6900                                            
Results of Board Action/                                  
Vote/Affirmation:  NC 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. 	Mbr          X                 X