PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: Honorable
2. Date of discharge (or REFRAD): 950817
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:
BSM SWASM w/3BSS
a. Period entered for: 4 Years ARCOM (2) NCOPDR-2
b. Entry date: 920710 AAM (2) ASR
c. Age: 29 Years DOB: 621106 GCMDL (3) KLM
d. Educational level: HS Grad NDSM
e. Aptitude area score:
GT: 117 3. Highest grade
achieved:
f. Length of Service: E5
3 Years 1 Month 8 Days
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 820414 820503 NA
RA 820504 860502 Honorable
USAR 860503 880503 Honorable
RA 890103 920709 Honorable
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 2 June 1995, the unit commander
in consultation with the Clinical Director/Alcohol and Drug Abuse
Prevention and Control Program (ADAPCP) declared the applicant a
rehabilitation failure. On 21 June 1995, 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 an
honorable discharge. The specific reason for the action was he failed to
demonstrate the motivation necessary to deal effectively with his alcohol
problem by involvement in an alcohol related incident while enrolled in the
ADAPCP. He was advised of his rights. On 23 June 1995, 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. He was entitled
to have his case considered by an administrative separation board, however;
he waived his rights to a board. The unit commander subsequently
recommended separation from the service. The intermediate commander
reviewed the separation action and recommended approval with an honorable
discharge. The separation authority directed that the applicant be
discharged with a characterization of service of honorable.
b. On 17 August 1995, the applicant was discharged. At the time of
discharge, the applicant had completed 3 years, 1 month, and 8 days of
active military service in the period under review and had a total of 12
years, 8 months, and 6 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. (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 040230, with no 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:
( X ) Records review ( ) Hearing
b. Type Held:
( X )Records review ( ) Hearing
( ) Tender Offer
c. Review/hearing location and date: Washington, DC on 3 November
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: (5) The narrative reason for discharge is
inequitable.
b. Request: ( ) 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.
(5) The issue is accepted. The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
The Board noted that the applicant was honorably discharged under the
provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation
failure. Since the applicant’s discharge in 1995, the applicant asserts
that he has been a licensed commercial driver with a hazardous material
endorsement with a perfect driving record. In addition, the applicant
indicates that he is in receipt of Department of Veteran Affairs monthly
compensation (at the rate of 80%) for service-connected disabilities to
include Gulf War Syndrome and post-traumatic stress disorder. His record
of service reveals no lost time, no reductions in grade, no nonjudicial
punishment, and only one counseling statement, an admission that he used
alcohol soon after completing a alcohol treatment program. Given the
applicant’s exemplary service for over 12 years, to include the award of
the Bronze Star Medal, the Army Commendation, the Army Achievement Medal,
and the Good Conduct Medal; the possible implications of medical stressors
at the time of his discharge; and his favorable post-service conduct, the
Board determined that the narrative reason for discharge is now
inequitable. Accordingly, the Board voted to grant relief in the form of a
change in narrative reason to Secretarial Authority. This action does not
include a change in RE code.
(1-4) See Paragraph 3, below.
3. Response(s) to item(s) not addressed as decisional issue(s):
Inasmuch as the Board voted to grant the full relief requested,
response to the remaining issues is neither required nor rendered.
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
.
( X ) Inequitable as to reason. Change reason to Secretarial
Authority
under Chapter 5, AR 635-200.
( ) 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 5 0
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
TO: ARBA Support Division-St Louis Date: 5 November 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 reason and authority for discharge to
Secretarial Authority, AR 635-200.
( X ) Other (see remarks below).
Remarks: This action does not include a change in RE code.
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: 2004105219 INDEX NUMBERS: A0156
Date of Review: 041103 A1200
Character of Service: HD A9500
Date of Discharge: 950817
Authority: AR 635-200 C9
Reason: A6900
Results of Board Action/
Vote/Affirmation: MD 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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