Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060014469
Original file (AR20060014469.txt) Auto-classification: Denied
Application Receipt Date: 06/10/11	

Prior Review    Prior Review Date: None

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

Issues: See 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: 94/04/20
Discharge Received:     Date: 940509   
Chapter: 9    AR: 635-200
Reason: Alcohol Rehabilitation Failure
RE:     SPD: JPD
Unit/Location: Compamy A, 3rd Battalion, 3rd Special Forces Group (Airborne), Fort Bragg, NC 28307 

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:  64/04/05  
Current ENL Date: 91/06/24    Current ENL Term: 4 Years  ?????
Current ENL Service: 2 Yrs, 10Mos, 16Days ?????
Total Service:  7 Yrs, 04Mos, 16Days ?????
Previous Discharges: USAR- 88/03/10 - 88/08/29 HD
                                      RA - 83/01/06-87/01/05 HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 18C30 (Special Operations Engineer)   GT: 120   EDU: HS Grad   Overseas: Korea (84/03/21-85/03/20)   Combat: DD 214 indicates award of a CIB and an AFEM
Decorations/Awards: ASR, AGCM, OSR, NPDM, AFEM, CIB, EIB, Parachute Badge, Special Forces Tab, Honduran Parachute Badge
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Applicant states he has successfully completed out patient Alcohol Abuse treatment and participated in after care and is currently attending college to earn a nursing degree.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 15 April 1994 the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure.  On 20 April 1994, 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 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. The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. On 9 May 1994 the applicant was discharged from the Army.

      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 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.
      
      
      
      

      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 several mitigating factors that would merit an upgrade of the characterization of service to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as his alcohol rehabilitation failure..  While the applicant's rehabilitation failure  is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable.  The overall length and quality of the applicant's service and the time that has elapsed since his discharge mitigated the discrediting entries in his service record.  However, the reason for discharge remains both proper and equitable. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 November 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 5    No change 0   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
?????

Case report reviewed and verified by: Chuck Busick, 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: 30 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014469

Applicant Name:  Mr.       
______________________________________________________________________


Page 4 of 4 pages

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060006381

    Original file (AR20060006381.txt) Auto-classification: Denied

    Were Proper Discharge and Separation Authority procedures followed? 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. 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...

  • ARMY | DRB | CY2007 | AR20070010419

    Original file (AR20070010419.txt) Auto-classification: Denied

    Facts, Circumstances, and Legal Basis for Separation a. On 7 April 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 a general, under honorable conditions discharge. Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service.

  • ARMY | DRB | CY2006 | AR20060015221

    Original file (AR20060015221.txt) Auto-classification: Denied

    The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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 and voted to deny relief.????? Certification Signature and...

  • ARMY | DRB | CY2006 | AR20060013547

    Original file (AR20060013547.txt) Auto-classification: Denied

    Were Proper Discharge and Separation Authority procedures followed? 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. 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.

  • ARMY | DRB | CY2006 | AR20060009249

    Original file (AR20060009249.txt) Auto-classification: Approved

    Current ENL Service: 05 Yrs, 09 Mos, 07 Days ????? Facts, Circumstances, and Legal Basis for Separation a. On 21 May 2004, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.

  • ARMY | DRB | CY2007 | AR20070009668

    Original file (AR20070009668.txt) Auto-classification: Denied

    Applicant Name: ????? On 24 April 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol or other drug rehabilitation failure, with a honorable discharge. The narrative reason specified by Army Regulations for a discharge under this chapter is "Alcohol Rehabilitation Failure", and the separation code is "JPD."

  • ARMY | DRB | CY2007 | AR20070011733

    Original file (AR20070011733.txt) Auto-classification: Denied

    Applicant Name: ????? On 29 March 1994, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board, and submitted a statement on his own behalf. On 22 July 1994, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.

  • ARMY | DRB | CY2009 | AR20090021836

    Original file (AR20090021836.txt) Auto-classification: Denied

    Application Receipt Date: 2009/12/18 Prior Review: Prior Review Date: NA I. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submited a statement in his own behalf. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2009 | AR20090007960

    Original file (AR20090007960.txt) Auto-classification: Denied

    On 26 March 2007, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Additionally, the analyst noted the applicant's issue that his discharge was based on a single incident. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD -...

  • ARMY | DRB | CY2006 | AR20060009416

    Original file (AR20060009416.txt) Auto-classification: Approved

    Current ENL Service: 00 Yrs, 10 Mos, 22 Days ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.