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):  020123

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:  3 Years               OSR
    b.  Entry date:  000316
    c.  Age:  20 Years   DOB:  790921
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  90                                3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          1 Years  10 Months  8 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
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge





                         PART IV - PREHEARING REVIEW

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

      a.  Although the specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records the
evidence of record shows that on 14 December 2001, 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, but would be presented in
person.  Further evidence of record shows that on 11 January 2002, DA, Camp
Casey Transition Center, Unit 15543, APO AP, Orders 011-004, discharged the
applicant from the Regular Army, effective 23 January 2002.  The record
contains a properly constituted DD Form 214 (Certificate of Release or
Discharge from Active Duty), which was authenticated by the applicant’s
signature.  His DD Form 214 indicates that he was discharged under the
provisions of Chapter 9, AR 635-200 by reason of alcohol rehabilitation
failure, with a characterization of service of general, under honorable
conditions, separation code JPD, and a reentry code of 4.

      b.  On 23 January 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 10 months, and 8 days of
active military service in the period under review.

      c.  The evidence of record shows that the applicant enlisted in the
grade of private/E2.  On 15 December 2000, the applicant was reduced to the
grade of private/E1.  On 16 March 2001, the applicant was promoted to the
grade of private first class/E3.  At the time of his discharge the
applicant held the grade of private/E1.  The record is void of the specific
facts and circumstances related to the changes in the applicant’s rank and
or grade.

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 030919, with four (4) enclosures.
      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 9 June 2004.

      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) and (2)  The issues are rejected.  The Board carefully examined
the available records for the period of enlistment under review.  The
applicant’s record is void of facts and circumstances concerning the events
that led to a discharge from the Army.  The Board noted that the
applicant’s record contains a properly constituted DD Form 214 (Certificate
of Release or Discharge from Active Duty), which was authenticated by the
applicant’s signature.  This document identifies the reason and
characterization of the discharge and the Board presumed Government
regularity in the discharge process.  The evidence of record shows the
applicant was discharged under the provisions of Chapter 9, AR 635-200, by
reason of alcohol rehabilitation failure with a characterization of service
of general, under honorable conditions.  In connection with such a
discharge, the applicant would have been enrolled in ADAPCP and the
appropriate authority would have declared the applicant an alcohol
rehabilitation failure and subsequently processed him for separation.  The
evidence of record shows that the applicant consulted with legal counsel
and was advised of his rights.  In the absence of information to the
contrary, the Board was satisfied that all requirements of law and
regulation were met and the rights of the applicant were fully protected
throughout the separation process.  Further, at the time of discharge the
applicant was appropriately assigned a reentry eligibility (RE) code of
“4.”  An RE code of “4” indicates that the applicant was discharged with a
disqualification that cannot be waived and is no longer eligible for
reenlistment.  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:


ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




MARY E. SHAW
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:  2003096723                    INDEX NUMBERS:  A9235
Date of Review:  040609                                   A9217
Character of Service:  GD                                 A9445
Date of Discharge:  020123                                A0113
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