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Decision Text

ARMY | DRB | CY2007 | AR20070003863aC071121

Application Receipt Date: 070316

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached 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: 050913
Discharge Received:     Date: 051026
Chapter: 9    AR: 635-200
Reason: Drug Rehabilitation Failure
RE:     SPD: JPC
Unit/Location: HHB 1st Battalion, 14th Field Artillery, Fort Sill, OK 73503


Time Lost: None

Article 15s (Charges/Dates/Punishment): 050823-Wrongfully use BZE
(cocaine), between on or about (050624) and (050627), (Field Grade).

041215-Wrongfully use cocaine, between on or about (041016) and (041115),
and wrongfully use cocaine, between on or about (041002) and (041101),
(Field Grade).

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  800916
Current ENL Date: 040226    Current ENL Term: 2 Years       
Current ENL Service: 01  Yrs, 08 Mos, 01 Days      
Total Service:  01 Yrs, 08 Mos, 01 Days      
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No
MOS: 13M10 MLRS/HIMARS Crew   GT: 116   EDU: 14 Years   Overseas: None
Combat: None
Decorations/Awards: NDSM, 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:
      Evidence of record shows that on 25 August 2005, the unit commander in
consultation with the Clinical Director/ADAPCP declared the applicant a
rehabilitation failure.  On 13 September 2005, 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.  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 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.


      The applicant has a CID Report Of Investigation dated 19 November
2004, in his Official Military Personnel File.

      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 careful examination of all the applicant's military records for
the period of enlistment under review, the issues and documents he
submitted, the analyst recommends that relief be denied in this case.  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.  The analyst determined that the reason for
discharge and the characterization of service were both proper and
equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 22 August 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, voted to deny relief.






















Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
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:


CHRISTINE U. MARTINSON            DATE: 11 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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