Application Receipt Date: 060623	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293, with five (5) enclosures.

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: 040603
Discharge Received:     Date: 040625   
Chapter: 9    AR: 635-200
Reason: Alcohol Rehabilitation Failure
RE:     SPD: JPD
Unit/Location: Headquarters and Headquarters Detachment, 795th Military Police Battalion, 14th Military Police Brigarde, Fort Leonard Wood, Missouri  65473 

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:  760417  
Current ENL Date: Reenl/030425    Current ENL Term: 6 Years  ?????
Current ENL Service: 1 Yrs, 2 Mos, 1 Days ?????
Total Service:  9 Yrs, 0 Mos, 4 Days ?????
Previous Discharges: RA-950622-970807/HD
                                      RA-970808-030424/HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 31E00, Corrections Specialist   GT: 99   EDU: HS Grad   Overseas: Korea (991215-001214) prior service   Combat: None
Decorations/Awards: ARCOM (2), AAM (3), GCMDL (2), NDSM (2), GWOTSM, NCOPDR (2), ASR, OSR 
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Letters of character references from various employers, friends.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 12 May 2004,  the unit commander in consultation with the clinical director/ASAP declared the applicant a rehabilitation failure and stated that he meets the criteria for an administrative separation.  On 3 June 2004, 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 characterization of service of general, under honorable conditions.  He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administration separation board, 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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable discharge.  On 9 June 2004, the separation authority approved the separation action 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 a careful review of all the applicant’s military records, the issue and supporting documentation he submitted, the analyst found no mitigating factors that would merit an upgrade of the discharge under review.  The evidence of record shows that the applicant was separated due to his inability and or refusal to participate in and successfully complete the drug and alcohol rehabilitation program (ADAPCP).  The evidence further shows that the applicant was discharged with a general, under honorable conditions discharge under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure.  The analyst was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.  In view of the aforementioned, the analyst determined that the reason for discharge and the characterization of service was both proper and equitable.  
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 23 May 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 discharge was both proper and equitable, voted to deny relief.  
























Case report reviewed and verified by: Mr. Ron WIlliams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 25 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008945

Applicant Name:  Mr.        
______________________________________________________________________


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