Search Decisions

Decision Text

ARMY | DRB | CY2008 | AR20080000173
Original file (AR20080000173.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2008/01/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.

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: 970502
Discharge Received: 			   Date: 970612   Chapter: 9    AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: HHC 5th Corps, APO AE 09014 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 970130, Loss or Destruction of Military Property of United States, reduction to E3, 14 days of extra duty (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 950519    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 00 Mos, 23 Days ?????
Total Service:  		05 Yrs, 03 Mos, 17 Days ?????
Previous Discharges: 	RA 920226-950518/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11M/FV Infantryman   GT: 97   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  266th FINCOM, APO AE 09007
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record indicates that on 2 May 1997, 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.  On 30 May 1997, the separation authority 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 a careful review of all the applicant’s military records, and the issue 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 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.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service 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: 24 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 discharge was both proper and equitable and voted to deny relief.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
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: No Change										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080000173
______________________________________________________________________________


Page 1 of 2 pages

Similar Decisions

  • ARMY | DRB | CY2009 | AR20090007768

    Original file (AR20090007768.txt) Auto-classification: Approved

    On 24 August 1998, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The analyst found that the length of the applicant's service, lack of any other misconduct in the record, and the unit commander's recommendation of an honorable discharge mitigated the discrediting entries in his service record. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change...

  • ARMY | DRB | CY2008 | AR20080002226

    Original file (AR20080002226.txt) Auto-classification: Denied

    Were Proper Discharge and Separation Authority procedures followed? On 4 February 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of honorable. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 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...

  • ARMY | DRB | CY2009 | AR20090012598

    Original file (AR20090012598.txt) Auto-classification: Denied

    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. Board Action Directed 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...

  • ARMY | DRB | CY2008 | AR20080002757

    Original file (AR20080002757.txt) Auto-classification: Approved

    Applicant Name: ????? Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "Rehab failure is not grounds for any other discharge than Honerable. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2009 | AR20090011912

    Original file (AR20090011912.txt) Auto-classification: Denied

    Applicant Name: ????? On 1 May 2008, 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 for his inability or refusal to participate in, cooperate in, or successfully complete such a program (ASAP) in the following circumstance; there is a lack of potential for continued Army service and rehabilitation efforts are no longer paractical, with an honorable...

  • ARMY | DRB | CY2006 | AR20060012967

    Original file (AR20060012967.txt) Auto-classification: Denied

    Current ENL Service: 03 Yrs, 04 Mos, 29 Days ????? Facts, Circumstances, and Legal Basis for Separation a. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 12 October 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060012967 Applicant Name:...

  • ARMY | DRB | CY2010 | AR20100027127

    Original file (AR20100027127.txt) Auto-classification: Denied

    Applicant Name: ????? On 20 February 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol abuse rehabilitation failure and his lack opf cooperation in the alcohol abuse rehabilitation program, with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Alcohol Rehabilitation Failure," the separation code is "JPD," and the reentry...

  • ARMY | DRB | CY2008 | AR20080006332

    Original file (AR20080006332.txt) Auto-classification: Denied

    Applicant Name: ????? On 23 September 1994, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Action Directed 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...

  • ARMY | DRB | CY2008 | AR20080005132

    Original file (AR20080005132.txt) Auto-classification: Denied

    Applicant Name: ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. Board Action Directed 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...

  • ARMY | DRB | CY2011 | AR20110005766

    Original file (AR20110005766.txt) Auto-classification: Denied

    Discharge Under Review Unit CDR Recommended Discharge: Date: 101012 Discharge Received: Date: 101218 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: 574th Quartermaster Supply Company, 18th Combat Sustainment Support Battalion, APO, AE Germany Time Lost: Military confinement from (101123-101211) for 19 days, as part of the applicant's punishment imposed from a Summary Court-Martial. On 12 October 2010, the applicant consulted with legal counsel, was...