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): 990918
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: 3 Years AFEM
b. Entry date: 981201 AFSM
c. Age: 22 Years DOB: 760810 NATOM
d. Educational level: HS Grad ASR
e. Aptitude area score: OSR
GT: 122 3. Highest grade
achieved:
f. Length of Service: E4
0 Year(s) 9 Month(s) 18 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: 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: The applicant has a Military Police Report dated (980722)
and an Alcoholic Influence Report dated (980722) in file.
SECTION B - Prior Service Data
Other discharge(s):
Service From To Type Discharge
RA 950918 981130 Honorable
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 30 August 1999, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter 9, AR 635-200, by reason of alcohol abuse
rehabilitation failure, with an honorable discharge. He was advised of his
rights. The applicant waived 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. 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 18 September 1999, the applicant was discharged. At the time
of discharge, the applicant had completed 9 months, and 18 days of active
military service in the period under review and had a total of 4 years, and
1 day of active 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. 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 031125, 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, DC on 15 September
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:
( X ) Additional issue(s) identified during review/hearing as
follows:
Board Issue: (2) The characterization of service is improper.
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 parenthetical number(s) below correspond(s) to
the issue number(s) on the DD Form 293, or in Part VI,
Paragraph 1, above.
(2) The issue is accepted. The Board noted that the government
introduced a document into the discharge process revealing that the
applicant had self-referred to the Alcohol and Drug Prevention and Control
Program for alcohol abuse. This is limited use information as defined in
Chapter 6, AR 600-85. Use of this information mandates award of a fully
honorable discharge. Accordingly, the Board voted to grant partial relief
in the form of a change to the characterization of service to fully
honorable. However, the board found that the reason for discharge was
fully supported by the record and voted not to change it.
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. See issue (2) above.
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:
( ) Proper.
( X ) Improper as to characterization. Change characterization to
Honorable.
( ) 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 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
MR. RON WILLIAMS
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
TO: ARBA Support Division-St Louis Date: 15 September 2004
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 the 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: 2004102506 INDEX NUMBERS: A0130
Date of Review: 040915 A0154
Character of Service: HD A0113
Date of Discharge: 990918 A9217
Authority: AR 635-200 C9
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 | CY1999 | 99027133
Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. Accordingly, the Board voted to change the characterization of service to fully honorable and the reason for discharge to Secretarial Authority under the provisions of Chapter 5, AR 635-200. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY2003 | 2003090912
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. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A -...
ARMY | DRB | CY2001 | 2001052821
The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board and submitted a statement in his own behalf. 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. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable and to...
ARMY | DRB | CY2002 | 2002067339
The evidence of record shows the applicant was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct-serious offense, with a characterization of service of general, under honorable conditions (GD). The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. Lieutenant Colonel, U.S. Army Chief, Secretary Recorder EXHIBITS: A - Application for review of discharge C - Other B -...
ARMY | DRB | CY2004 | AR2004100229
On 17 July 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. 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 - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS Case...
ARMY | DRB | CY1999 | 1999022363
PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board Mbr X X PART VI - ISSUES AND FINDINGS 1. a. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
ARMY | DRB | CY1999 | 1999025010
The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for...
ARMY | DRB | CY1999 | 1999022391
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf. On 28 May 1991, the applicant was discharged with a general, under honorable conditions discharge, under the provisions of Chapter 9, AR 635-200, by reason of alcohol abuse-rehabilitation failure. AR Number: 1999022391 INDEX NUMBERS: A0154 Date of Review: 990317 A0100 Character of Service: GD A9445 Date of Discharge: 910528 Authority: AR 635-200...
ARMY | DRB | CY2000 | 2000050192
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. 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 | CY1999 | 1999029326
Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. The Board noted that the separation authority approved the applicant’s discharge with an honorable characterization of service. AR Number: 1999029326 INDEX NUMBERS: A9320 Date of Review: 990825 A9218 Character of Service: GD A0100 Date of Discharge: 901128 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.