Application Receipt Date: 060922	

Prior Review    Prior Review Date: None

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

Issues: See DD293

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   None

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 940523
Discharge Received:     Date: 940621   
Chapter: 9    AR: 635-200
Reason: Alcohol Rehabilitation Failure
RE:     SPD: JPD
Unit/Location: 545th MP Co, 13th Sig Bn, 1st Cav Div, Fort Hood, TX 

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:  730306  
Current ENL Date: 930515    Current ENL Term: 3 Years       
Current ENL Service: 01 Yrs, 01Mos, 09Days      
Total Service:  01 Yrs, 01Mos, 09Days      
Previous Discharges: ARNG 910916-930513/HD
                                      USAR 920618-921021/UNC
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 92Y/Unit Supply Spec   GT: 93   EDU: HS Grad   Overseas: NONE   Combat: NONE
Decorations/Awards: NDSM; ASR
V.  Post-Discharge Activity
Home of Record: DeFuniak Springs, FL
Current Address: 422 Foreman Road 
DeFuniak Springs FL 32435 
United States
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

a.  Facts and Circumstances:
Evidence of record shows that on 6 April 1994, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure.  On 23 May 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of drug rehabilitation/ASAP failure, with an honorable discharge.  He was advised of his rights.  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. The unit commander subsequently recommended separation from the service. On 7 June 1994, the separation authority directed that the applicant be discharged with a characterization of service of honorable. 

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, and the issue he submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason.  The analyst noted that the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (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.  In view of the foregoing, the analyst determined that the reason for discharge was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 18 December 2007              
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 0    No change 5   - Character
		 			      Change 0    No change 5   - 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.  The Board noted that the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (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 Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.


Case report reviewed and verified by: David Loy, 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:      

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 18 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder