Applicant Name:  ?????

Application Receipt Date: 071130	Prior Review:     Prior Review Date: NA     

I.  Applicant 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?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 951215
Discharge Received: 			   Date: 960110   Chapter: 9    AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: F Trp, 2-3rd ACR, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 950818, failure to report x 2 (950807) and (950809), extra duty for 14 days and restriction for 14 days (CG). 

950626, driving while drunk (950520), reduction to E-5, forfeiture of $777 x 2, extra duty for 45 days and restriction for 45 days (FG).


Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 940804    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 05Mos, 07Days ?????
Total Service:  		11 Yrs, 02Mos, 19Days ?????
Previous Discharges: 	RA-841022-871013/HD
                                       RA-871014-911229/HD
                                       RA-911230-940803/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 19D20 Cavalry Scout   GT: 99   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Saudi Arabia (910106-910318)
Decorations/Awards: ARCOM, AAM-5, AGCM-3, NDSM, SWASM-1 BSS, NCOPDR-2, ASR, OSR, KLM-K

V.  Post-Discharge Activity
City, State:  Albany, OR
Post Service Accomplishments: The applicant stated that he is currently serving in the State of Oregon Army National Guard as a SSG/E-6; serves his community as a volunteer firefighter with the Tangent Fire Department.  Further, he earned Associate Degrees in General Studies and Nursing.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 18 August 1995, a memorandum from the William Beaumont Army Medical Center for unit commander declared the applicant a rehabilitation failure.  On 15 December 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol  and drug rehabilitation failure, with a honorable discharge.  He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service.  On 3 January 1996, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a Bar to Reenlistment 21 August 1995. 

       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 during the period of enlistment under review, the issues and documents he submitted, the analyst found several mitigating factors that would merit partial relief in the form of an upgrade of the applicant's characterization of service to fully honorable.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is now inequitable.  The analyst found that the overall length and quality of the applicant's service; to include his combat service, his post service accomplishments (serving in the State of Oregon Army National Guard as a SSG/E-6; earned Associate Degrees in General Studies and Nursing), and the unit commander's recommendation for a honorable discharge mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined that the reason for discharge and the reentry eligibility (RE) code were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 15 October 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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 characterization of service is too harsh and as a result it is now inequitable. The Board found that the overall length and quality of the applicant’s service; to include his combat service, and his post service accomplishments (serving in the Oregon National Guard and as a volunteer firefighter), mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, The Board determined that the reason for discharge and the reentry eligibility (RE) code were both proper and equitable and voted not to change them.
 

        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070017724
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