Applicant Name: ?????

Application Receipt Date: 070820	

Prior Review    Prior Review Date: None 

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

Issues: See DD Form 293 and attached documents submitted by the applicant.

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: 940401
Discharge Received:     Date: 940801   
Chapter: 9    AR: 635-200
Reason: Alcohol Rehabilitation Failure
RE:     SPD: JPD
Unit/Location: HHC, 1-9 CAV, Fort Hood, TX 76545 

Time Lost: Confinement/Civil Authorities for 4 days (941105-941109).  The analyst noted that block 29 on the applicant's DD Form 214, dates of time lost during this period is incorrect and should read 941109.

Article 15s (Charges/Dates/Punishment): 940401, failure to report x 17 (940225), (940228), (940301), (940302), (940303), (940304), (940307), (940308), (940310), (940311), (940315), (940317), (940318), (940321), (940322), (940324), and (940324), reduction to E-1 (suspended), 10 days extra duty (CG).

940411, suspension of punishment of reduction to E-1 was vacated for new offense of failure to report (940406).

 931105, dereliction of duty x 2, (930926) and (930928), and failure to report (930929), reduction to E-2, forfeiture of $213 x 1 (suspended), 14 days extra duty and 14 days restriction (suspended), (CG).

930515, failure to report (930503), 14 days extra duty and 14 days restriction (CG).     

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  6611  
HOR City, State: Laurel, MD
Current ENL Date: 930217    Current ENL Term: 3 Years  ?????
Current ENL Service: 01  Yrs, 05 Mos, 10 Days ?????
Total Service:  07  Yrs, 04 Mos, 14 Days ?????
Previous Discharges: ARNG-870316-870408/NA
                                      ADT-870409-870819/UNC
                                      ARNG-870820-930216/NA
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 94B10 Food Service Spec   GT: 99   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
Post Service Accomplishments: The applicant submitted a document which shows he completed an alcohol/drug psycho social assessment on 13 June 2007. 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure.  On 23 March 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, under honorable conditions discharge.  He was advised of his rights.  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.  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 with a general, under honorable conditions discharge.  On 14 June 1994, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 29 June 1994, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a characterization of service of general, under honorable conditions.  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.

      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 during the period of enlistment under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  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.  Furthermore, the analyst noted the applicant issue; however, 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.  Additionally, the analyst noted the accomplishments outlined in the documents with his application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  In view of the foregoing, the analyst determined that the characterization of service and reason for discharge were both proper and equitable, and recommends to the Board to deny relief. 
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 15 August 2008              
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 and voted to deny relief.  























								        
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: 19 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070011733
______________________________________________________________________


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