Application Receipt Date: 061108	

Prior Review    Prior Review Date: None

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

Issues: The applicant stated, "I would like to change the reenlistment code R4 to R3 so I could reenlist and serve my country.  For a very long time I felt as though a part of my life has been left uncompleted.  Not a day goes by without thinking that I failed myself, family, and my country since I left the Army without fully completing my service.  Now that I'm older and wiser, I believe I can committ to fulfill my dreams of completing what I embarked on in the military almost a decade ago.  In less than a year, I will receive my B.S. in Business Administration and after I'd like to reenlist."

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: 971020
Discharge Received:     Date: 971106   
Chapter: 9    AR: 635-200
Reason: Alcohol Rehabilitation Failure
RE:     SPD: JPD
Unit/Location: Headquarters and Headquarters Company, 1st Battalion, 32d Armor, Fort Lewis, Washington 98433 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 970520-disobedience of a lawful order from an NCO on (970417); disrespectful in language towards a SSG on (970417); disrespectful in deportment towards a SSG by blowing smoke in his face on (970417); and was drunk while on duty on (970417).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  750419  
Current ENL Date: 960911    Current ENL Term: 3 Years  ?????
Current ENL Service: 1 Yrs, 1 Mos, 26 Days ?????
Total Service:  1 Yrs, 1 Mos, 26 Days ?????
Previous Discharges: None
Highest Grade: E-2
Performance Ratings Available: Yes    No 
MOS: 11C10, Indir Fire Infantryman   GT: 110   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None were submitted.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 2 September 1997, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure.  On 9 October 1997, 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 abuse rehabilitation failure, with an honorable conditions 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 and waiver of further rehabilitative efforts.  On 23 October 1997 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 that the evidence was not sufficiently mitigating to warrant an upgrade of the narrative reason for discharge under review.  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.  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.  Therefore, the analyst determined that the narrative reason for discharge was both proper and equitable.
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 14 March 2007              
Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: Anita Cole, Texas Veterans Commission, VA Medical Center, Bldg 2, Room 1E-209, Dallas Texas 75216

Witnesses/Observers: None 

Exhibits Submitted: None were submitted




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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge is now inequitable.  The Board found that the circumstances surrounding the applicant's discharge, his post service accomplishments, and the time that has elapsed since the discharge, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to change the narartive reason for discharge to "Secretarial Authority."  This action entails a change of the reentry eligibility (RE) code to “1.”

















Case report reviewed and verified by: Mr. John Zangas, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Secretarial Authority, under Chapter 5, AR 635-200.
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: 23 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060015823

Applicant Name:  Mr.        
______________________________________________________________________


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