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ARMY | DRB | CY2004 | AR20040008115
Original file (AR20040008115.doc) Auto-classification: Approved



                           DEPARTMENT OF THE ARMY
                         Army Discharge Review Board
                           1901 South Bell Street
                          Arlington, VA  22202-4508
                                11 March 2005

Office of the President



      The Army Discharge Review Board reviewed your case and determined
that relief is warranted.  The Board has directed the ARBA Support
Division, St. Louis, MO, to take action as indicated on the enclosed OSA
Form 172, Case Report and Directive.  This document reflects the findings,
conclusions, and reasons for the Board's decision.  The official
notification of any change to your official military personnel record,
including the appropriate documentation, will be mailed to you by the ARBA
Support Division.

      You have now exhausted your appeals with the Army Discharge Review
Board.  You may request a reconsideration only if you have new, substantial
and relevant evidence to present which was not readily available during
this review.  If not, your recourse is to apply to the Army Board for
Correction of Military Records.  An application for correction of your
military record, DD Form 149, is enclosed.  Send the completed and signed
DD Form 149 to:  ARBA Support Division, Attention:  SFMR-RBR-SL 9700 Page
Avenue, St. Louis, Missouri 63132-5200.  You must submit this form within
three years from the date of this letter.

      If you believe that the decision in your case is unclear, not
responsive to the issues raised, or does not otherwise agree with the
decisional document requirements of DoD Directive 1332.28, you may submit a
complaint in accordance with Enclosure 5 of that directive.  You should
read Enclosure 5 of that directive before submitting a complaint.  The
complaint procedure does not permit you to challenge the merits of the
decision, but is designed solely to ensure that the decisional document
meets applicable requirements for clarity and responsiveness.  You may
obtain a copy of DoD Directive 1332.28 by writing to:  DA Review Boards
Agency, Attention:  (Reading Room), The Pentagon, Washington, DC 20310-
1809.

                                  Sincerely,




                                  Robert L. House
                                  Colonel, U.S. Army
                                  President


Enclosure


                           MILITARY REVIEW BOARDS

                           Case Report & Directive


                        PART I - IDENTIFICATION DATA

NAME:       ADDRESS:


      PHONE:






COUNSEL:    ADDRESS:

      PHONE:




ALTERNATE PERSON(S) TO BE NOTIFIED:     ADDRESS:

RELATIONSHIP:                     PHONE:



TYPE REPORT:

   ( X ) Original
   (   ) Addendum




                                   REMARKS
                            Case Management Data

(   )  Response to other correspondence required upon completion of case.

(   )  DD Form 149 in file.  Send case to ABCMR.


















OSA FORM 172 (REVISED) 22 May 98     Cover Sheet
                         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):  040506

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:
                                           ARCOM        GWOTEM
    a.  Period entered for:  NTE 365 Days          JSAM         GWOTSM
    b.  Entry date:  040118                        AAM          AFRM w/M Dev
    c.  Age:  47 Years   DOB:  560721              ARCAM (2)    ASR
    d.  Educational level:  Col Grad               NDSM         OSR
    e.  Aptitude area score:                       KDSM         ARCOTR
          GT:  NIF
    f.  Length of Service:                     3.  Highest grade achieved:
          0 Years  3 Months  19 Days               E7


                                               4.  Performance evaluations:

                                                   See OMPF (fiche)

                         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

Other discharge(s):

      Service    From  To    Type Discharge
      USAR  780927     781031     NA
      ADT   781101     790316     Honorable
      USAR  790317     800725     NA
      USAR (AD)  800726      830725     Honorable
      USAR  830726     840229     NA
      ARNGUS     840301      850630     Honorable
      USAR  850701     880523     Honorable
      USAR  881011     921002     Honorable
      USAR  921003     931003     NA
      USAR (AD)  931004      940410     Honorable
      USAR  940411     980713     Honorable
      USAR  980714     011118     NA
      USAR (AD)  011119      021118     Honorable
      USAR  021119     040117     NA

                         PART IV - PREHEARING REVIEW

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

      a.  The specific facts and circumstances leading to the applicant’s
discharge are not in the available records.  Evidence of record shows that
on 5 May 2004, DA, Personnel Service Support Team, MacDill Air Force Base,
Florida, Orders 126-0006, released the applicant from active duty,
effective 6 May 2004, and transferred him to the USAR Control Group
(RETRES), St Louis, Missouri.  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 released from active duty 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, with a
separation code of JPD, and a RE code of 4R.

      b.  On 5 May 2004, the applicant was released from active duty.  At
the time of release, the applicant had completed 3 months and 19 days of
active military service in the period under review and had a total of 27
years, 4 months, and 7 days of total 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 unless the soldier is in entry-
level status and an uncharacterized description of service is required.
(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 040919, with twelve (12) 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:
         (   ) Records review             ( X ) Hearing

      b. Type Held:
         (   )Records review              ( X ) Hearing
                                          (   ) Tender Offer

      c. Review/hearing location and date:  Washington, DC on 7 March 2005.

      d. Appearance by:
         Applicant                 ( X ) Yes   (   ) No
         Counsel                   (   ) Yes   ( X ) No

      e.  Applicant testified:     ( X ) Yes   (   ) No

      f.  Counsel presentation:    (   ) Yes   ( X ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  1 document
                        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:  (12)  The characterization of service is too harsh.

      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.

        (1-11)  The issues are rejected.  See response to issue (12),
below.

        (12)  The issue is accepted.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review
and heard his testimony.  There was a full consideration of all faithful
and honorable service as well as the specific circumstances leading to his
discharge by reason of alcohol rehabilitation failure.  Notwithstanding the
propriety of the applicant’s discharge, the Board determined that the
characterization of service is now inequitable.  The Board found that the
applicant had service of sufficient length and quality to overcome the
characterization of service granted.  In addition, the applicant provided
evidence of exemplary post-service conduct and accomplishments.  In view of
the foregoing, the Board voted to grant partial relief in the form of an
upgrade to the characterization of service to fully honorable.  The Board
found that the reason for discharge was both proper and equitable, and
voted not to change it.

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                      .

      (   ) 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
                  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

TO: ARBA Support Division-St Louis      Date:  11 March 2005

     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:


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:  20040008115                   INDEX NUMBERS:  A9406
Date of Review:  050307                                   A9218
Character of Service:  GD                                 A9222
Date of Discharge:  040506                                A9455
Authority:  AR 635-200 C9                                 A0101
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                 






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