Application Receipt Date: 051229

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change

Issues: See applicant's attached DD Form 293.

II.  Were Proper Discharge and Separation Authority procedures followed?
Yes    No        Tender Offer:        

See Attachments:  Legal     Medical     Minority Opinion     Exhibits

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 911024
Discharge Received:     Date: 911205
Chapter: 9    AR: 635-200
Reason: Alcohol Abuse-Rehabilitation Failure
RE:     SPD: JPD
Unit/Location:

Time Lost: None

Article 15s (Charges/Dates/Punishment): 910612/Disobeying a lawful order/CG

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  720118
Current ENL Date: 890214    Current ENL Term: 4 Years       
Current ENL Service: 02 Yrs, 09Mos, 22Days      
Total Service:  02 Yrs, 09Mos, 22Days      
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No
MOS: 11M10 (FV Infantryman)   GT: 123   EDU: NIF   Overseas: Germany
Combat: None
Decorations/Awards: NDSR, ASR, OSR, SWA (with one bronze star)
V.  Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: Participated in the Outpatient Primary Care
Substance Abuse Intensive Day Program at the Tuscaloosa, AL VA Medical
Center 1-20 December 2000.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that the unit commander in consultation with
the acting clinical director/ADAPCP declared the applicant a rehabilitation
failure.  On 24 October 1991, 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 a general, under
honorable conditions discharge.  He was advised of his rights.  The
applicant consulted with legal counsel, was advised of the impact of the
discharge action.  Records show he did submit a statement in his own
behalf.  The unit commander subsequently recommended separation from the
service and waiver of further rehabilitative efforts.  On 14 November 1991,
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.  Legal Basis for Separation:
           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).






      c.  Response to Issues, Recommendation and Rationale:
      After careful examination of all the applicant's military records for
the period of enlistment under review, the analyst recommends that relief
be denied in this case.  The analyst noted that the applicant was enrolled
in the ADAPCP and was aware of the consequences of any action which would
demonstrate any inability or refusal to participate in, cooperate in, or
successfully complete such a program.  As a result of the applicant’s
actions and after consultation with the drug and alcohol abuse counselor,
the command declared the Soldier a rehabilitation failure.  The evidence of
record establishes the fact that the applicant was properly counseled and
afforded a reasonable opportunity to overcome his problems.  The analyst
determined that the reason for discharge and the characterization of
service were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 061108
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: NA

Witnesses/Observers: NA

Exhibits Submitted: NA



VIII.  Board Decision
The discharge was:                Proper           Improper
                                             Equitable        Inequitable

The characterization of service was:   Proper            Improper
                                             Equitable        Inequitable

The narrative reasons were:             Equitable        Inequitable

DRB voting record:                      Change     No change    (Character)
                                        Change     No change    (Reason)
                                   (Board member names available upon
request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the
period of enlistment under review and considering the analyst’s
recommendation and rationale, the Board determined that the
characterization of service was too harsh, and as a result it is
inequitable.  The Board does not condone the applicant’s misconduct;
however, determined that his overall length and quality of service to
include combat service, his post service accomplishments, and the time that
has elapsed since his discharge, mitigated the discrediting entry in his
service record.  Accordingly, the Board voted to grant relief in the form
of an upgrade of the 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.















Case report reviewed and verified by: Eric S. Moore, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority:

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official:


MARY E. SHAW                      DATE: 061113
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder