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):  020306

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:
                                           ASR
    a.  Period entered for:  3 Years
    b.  Entry date: 990709
    c.  Age: 18 Years   DOB: 810706


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT: 109                                3.  Highest grade
achieved:
    f.  Length of Service:                         E3
         2 Year(s)  7 Month(s)  28 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)
      011116     Failed to go to his appointed place of duty, three
             specifications; (010924); (010922) and (010923).


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 21 November 2001, the unit
commander in consultation with the clinical director/ADAPCP declared the
applicant a rehabilitation failure.  On 4 February 2002, 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.  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 February 2002, 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 6 March 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years, 3 months, and 6 days of
active military service in the period 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 031008.
      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 3 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)  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 contention;
however, did not find said contention sufficiently mitigating to warrant an
upgrade of the discharge under review.  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 violating the
Army's policy not to possess or use illegal drugs, the applicant
compromised the trust and confidence placed in a soldier.  The applicant,
as a soldier, had the duty to support and abide by the Army's drug
policies.  By abusing illegal drugs, the applicant knowingly risked a
military career and diminished the quality of service below that meriting a
fully honorable discharge.  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:


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:  2003097354                    INDEX NUMBERS:  A9217
Date of Review:  040603                                   A0100
Character of Service:  GD
Date of Discharge:  020306
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.      PO           X                 X