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): 020809
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:
NDSM
a. Period entered for: 4 Years ASR
b. Entry date: 010216
c. Age: 21 Years DOB: 790624
d. Educational level: HS Grad
e. Aptitude area score:
GT: 95 3. Highest grade
achieved:
f. Length of Service: E2
1 Year 5 Month(s) 24 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)
020703 Wrongfully use marijuana (020407-020506) (Field Grade)
020111 DOLO from CPT to stay away from PVT (021219) (Company
Grade)
011129 DOLO by SSG to stay away from PVT (Summarized)
7. Court-Martial data: NONE
a. SCM:
Date Offense(s)
b. SPCM:
Date Offense(s)
c. GCM:
Date Offense(s)
8. Remarks: Applicant received a Bar to Reenlistment on 020315.
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 23 May 2002, the unit commander
in consultation with the Clinical Director/ADAPCP declared the applicant a
rehabilitation failure. On 19 July 2002, the unit commander notified the
applicant of initiation of separation action under the provisions of
Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure, with a
general, under honorable conditions discharge. He was advised of his
rights. The applicant waived his right to consult 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. On 22 July 2002, the separation authority
directed that the applicant be discharged with a characterization of
service of general, under honorable conditions.
b. On 9 August 2002, the applicant was discharged. At the time of
discharge, the applicant had completed 1 year, 5 months, and 24 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 040419, with one (1) 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, D.C. on 8 December
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 that the applicant was
discharged under the provisions of Chapter 9, AR 635-200, by reason of
alcohol rehabilitation failure. The applicant was enrolled in the Army
Substance Abuse Program (ASAP) and was instructed not to use alcohol or
drugs. While enrolled in the ASAP, he had a positive biochemical test for
marijuana and was declared a rehabilitation failure. He received a
general, under honorable conditions discharge because he received
nonjudicial punishment on three occasions and was counseled frequently for
infractions of discipline. The Board found no evidence of arbitrary or
capricious actions by the command. The evidence of record shows that the
command attempted to assist the applicant in performing and conducting
himself to Army standards by providing counseling, ASAP attendance, and by
the imposition of nonjudicial punishment. The applicant failed to respond
appropriately to these efforts. The applicant had the duty to support and
abide by the Army's alcohol/drug abuse policies. By abusing drugs and
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 was satisfied that all requirements
of law and regulation were met and the rights of the applicant were fully
protected throughout the separation process. The applicant was
appropriately assigned an RE code 3. An RE code of 3 indicates that the
applicant requires a waiver prior to being allowed to reenlist. If the
applicant desires to reenlist, he should contact the local recruiter to
determine his eligibility to reenlist. Those individuals can best advise a
former service member as to the needs of the Army at the time, and are
required to process waivers of RE codes. 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
1901 South Bell Street, 2nd Floor
Arlington, VA 22202-4508
3. Minority views: NONE
PART VII - BOARD ACTION
SECTION B - Verification and Authentication
Case report reviewed and verified
Ms. McKim-Spilker
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: 20040000497 INDEX NUMBERS: A9217
Date of Review: 041208 A9235
Character of Service: GD A0113
Date of Discharge: 020809
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
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