DEPARTMENT OF THE ARMY
                         Army Discharge Review Board
                           1901 South Bell Street
                          Arlington, VA  22202-4508
                                 27 May 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.

      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.

      You may reapply to the Army Discharge Review Board for a personal
appearance hearing and/or you may apply to the Army Board for Correction of
Military Records.  Enclosed are the necessary applications for requesting a
review from both boards.  If you choose to apply to the Army Board for
Correction of Military Records you must do so within three years from the
date of this letter.

      Should you have any questions relating to the documentation
implementing the Board's decision, you should contact:  ARBA Support
Division, ATTN:  SFMR-RBL-SL, 9700 Page Avenue, St. Louis, Missouri, 63132-
5200.

                                  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):  030127

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:
                                           AAM(2nd Awd)
    a.  Period entered for:  6 Years               NDSM
    b.  Entry date:  970925                        ASR
    c.  Age:  18 Years   DOB:  790116


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  112                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          5 Year(s)  4 Month(s)  3 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)

___________________
      990901     GOLOR – Driving under the influence of alcohol (990726)

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
                                    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 6 January 2003, DA, HQ, 10th
Mountain Division (Light Infantry) and Fort Drum, Fort Drum, NY, Orders 006-
1017 discharged the applicant from the Regular Army, effective 27 January
2003.  The record contains a properly constituted DD Form 214 (Certificate
of Release or Discharge from Active Duty) which was authenticated by the
applicant.  His DD Form 214 indicates that he was discharged 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.  The specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records.

      b.  On 27 January 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 5 years, 4 months, and 3 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 040830, 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 25 May
2005.

      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 too harsh.

      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 determined that the
applicant was appropriately assigned an RE code of 4, which indicates that
the applicant was separated from his last period of service with a
disqualification which cannot be waived and he is ineligible for
reenlistment.

        (2)  The issue is accepted.  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.  Although the Board does not condone the
applicant’s misconduct, the Board determined that the applicant had service
of sufficient length and merit to overcome the discrediting entries in his
service record.  In addition, the applicant has provided evidence of
favorable post-service conduct and the Board found that the
characterization of service granted is now inequitable.  Accordingly, the
Board voted to grant relief in the form of an upgrade of characterization
of service to fully honorable.  The Board determined 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:  27 May 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:  20040007612                   INDEX NUMBERS:  A9406
Date of Review:  050525                                   A9218
Character of Service:  GD                                 A0100
Date of Discharge:  030127
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