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
ARMY | DRB | CY2005 | AR20050001015
Her DD Form 214 indicates that she was discharged under the provisions of Chapter 3, paragraph 3-13, AR 635-200 by reason of dismissal, no review, with a characterization of service of general, under honorable conditions. 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: 7 October...
ARMY | DRB | CY2005 | AR20050000855
On 3 September 2003, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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: 30 September 2005 The Army Discharge Review Board, established under...
ARMY | DRB | CY2001 | 2001051807
The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board and did not submit a statement in his own behalf. Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY2001 | 2001060072
The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board and did not submit a statement in his own behalf. On 3 December 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY2001 | 2001060718
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. On 5 April 1995, the separation authority directed that the applicant be discharged with a characterization of service of general. AR Number: 2001060718 INDEX NUMBERS: A0130 Date of Review: 010919 A0154 Character of Service: GD A9500 Date of Discharge: 950410 Authority: AR 635-200 C9 Reason: A6900 Results of...
ARMY | DRB | CY2003 | 2003092469
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. On 21 June 1991, the applicant was discharged. Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service.
ARMY | DRB | CY2005 | 20050009064
On 20 May 2003, the applicant was discharged. 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: 9 December 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...
ARMY | DRB | CY2004 | AR20040007840
On 11 March 1999, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board to accept the applicant’s resignation for the good of the service with issuance of a characterization of service of general, under honorable conditions. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B -...
ARMY | DRB | CY2003 | 2003087270
The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board and did not submit a statement in his own behalf. On 1 September 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. On 29 September 1999, the applicant was discharged.
ARMY | DRB | CY1999 | 1999025613
Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999025613 INDEX NUMBERS: A0154 Date of Review: 990621 A0100 Character of Service: GD A9319 Date of Discharge: 861015 A9309 Authority: AR 635-200 C9 A9221 Reason: A6900 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason Characterization...