Application Receipt Date: 070913

Prior Review    Prior Review Date: None

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

Issues: See applicant's 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: NIF
Discharge Received:     Date: 060628
Chapter: 9    AR: 635-200
Reason: Alcohol Rehabilitation Failure
RE:     SPD: JPD
Unit/Location: Company H, 71st Transportation Battalion TC Fort Eustis, VA
23604-5090

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  790324
Current ENL Date: 040921    Current ENL Term: 4 Years       
Current ENL Service: 01  Yrs, 09 Mos, 08 Days      
Total Service:  04  Yrs, 05 Mos, 12 Days      
Previous Discharges: RA-020117-040920
Highest Grade: E4
Performance Ratings Available: Yes    No
MOS: 19K10 M1 Armor Crewman   GT: 108   EDU: GED Cert   Overseas: Germany
Combat: Iraq (030303-040814
Decorations/Awards: ARCOM (2), AAM, NDSM, ICM, GWOTSM, ASR, OSR
V.  Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: The applicant submitted documents which shows
he completed an alcohol rehabilitation program at Rebehave Counseling
Services, Inc.  Additionally, he obtained a Class A commercial driving
license, has married and attends church regularly when he is not working.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The specific facts and circumstances leading to the applicant’s
discharge from the Army are not contained in the available records.
However, the record does contain a properly constituted DD form 214
(Certificate of Release or Discharge from Active Duty), which was
authenticated by the applicant's signature.  His DD Form 214 indicates that
he was discharged under the provisions of Chapter 9, AR 635-200, by reason
of alcohol rehabilitation failure, with a characterization of service of
general, under honorable conditions.  Furthermore, the DD Form 214 shows a
Separation Code of JPD and a reentry eligibility (RE) code of "4."  The
evidence of record  shows that on 27 June 2006, Orders 178-0006, DA, United
States Army Transportation Center, Fort Eustis, VA, discharged the
applicant from the Regular Army, effective date:  28 June 2006.


      The applicant has a General Officer Memorandum Of Reprimand dated 22
November 2005, for driving while intoxicated 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 a careful review of all the applicant’s available military
records for the period of enlistment under review, the issue and documents
he submitted, the analyst recommends that relief be denied in this case.
The applicant’s record is void of the specific facts and circumstances
concerning the events that led to his discharge from the Army.  However,
the applicant’s record does contain a properly constituted DD Form 214,
which was authenicated by the applicant's signature.  This document
identifies the reason and characterization of the discharge and the analyst
presumed Government regularity in the discharge process.  That DD Form 214
indicates that the applicant was discharged under the provisions of Chapter
9, AR 635-200, by reason of alcohol rehabilitation failure, with a
characterization of service of general, under honorable conditions.
Barring evidence to the contrary, the analyst was satisfied that all
requirements of law and regulation were met and the rights of the applicant
were fully protected throughout the separation process.  Furthermore, the
record does not support the applicant’s issue that he suffers from Post
Traumatic Stress symptons and no evidence to support it has been submitted
by the applicant, that his discharge was the result of any medical
condition.  The analyst determined that the reason for discharge and
characterization of service were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 26 October 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, and 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:      
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder