Applicant Name:  ?????

Application Receipt Date: 2008/02/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "Rehab failure is not grounds for any other discharge than Honerable. I am attempting to re-enlist I have addressed my drinking problem and am an active participant in Alcoholics Anonamous. I would greatly appreciate any help you could give me in this matter. I thank you in advance for taking the time to review my request."

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: 991018
Discharge Received: 			   Date: 991228   Chapter: 9    AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: 5/7 ADA Bn, APO AE 09089 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 980106    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 11 Mos, 23 Days ?????
Total Service:  		01 Yrs, 11 Mos, 23 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 54B/Chemical Operations Spc   GT: 122   EDU: HS   Overseas: Germany   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Massapequa, NY
Post Service Accomplishments: None Provided

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record indicates that on 20 August 1999, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure.  On 18 October 1999, 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 an 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 submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service.  On 28 October 1999, 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 several 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.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length of the applicant's service and the chain of command's recommendation 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 was fully supported by the record and therefore, remains both proper and equitable.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 12 December 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None

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 was too harsh based on the applicant’s length of service and the chain of command's recommendation mitigated the discrediting entries in his service record and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it. 









 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  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 AR20080002757
______________________________________________________________________________


Page 1 of 3 pages