Application Receipt Date: 060421	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting documents.

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: NIF
Discharge Received:     Date: 041123   
Chapter: 9    AR: 635-200
Reason: Alcohol Rehabilitation Failure
RE:     SPD: JPD
Unit/Location: 3/3rd AR Battalion, Signal ARE N, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  750928  
Current ENL Date: 020521    Current ENL Term: 04 Years  ?????
Current ENL Service: 02 Yrs, 06Mos, 03Days ?????
Total Service:  02 Yrs, 06Mos, 03Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 25F10 (Network Switching Systems Operator)   GT: 129   EDU: HS Grad   Overseas: Kuwait   Combat: Iraq (030122-030826)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant's 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 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.  Furthermore, the DD Form 214 shows a Separation Code of JPD (i.e., Alcohol Rehabilitation Failure) and a Reentry Eligibility (RE) Code of "4."  The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.  Procedurally, the unit commander, in consultation with the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) rehabilitation team, would have declared the applicant a rehabilitation failure.  The applicant would have been advised of his rights and would have consulted with legal counsel.  On 16 November 2004, Department of Army, Headquarters, 3rd Infantry Division, Fort Stewart, GA  31314-5000, issued Orders 321-0006, which discharged the applicant from the Regular Army, effective date: 23 November 2004.    

      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:  
      The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214, which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and Government regularity in the discharge process is presumed.  The DD Form 214 indicates that the applicant 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.  Barring evidence to the contrary, the analyst is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the reason for discharge and the characterization of service remains both proper and equitable, and it is recommended that the Board vote to deny the applicant's request in this case.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 070228              
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 determined that the applicant's length of service to include combat service, 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.  However, 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: 070307
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060005774

Applicant Name:  Mr.        
______________________________________________________________________


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