Application Receipt Date: 080410	

Prior Review    Prior Review Date: None

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

Issues: See enclosed DD Form 293 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: NIF
Discharge Received:     Date: 040820   
Chapter: 9    AR: 635-200
Reason: Alcohol Rehabilitation Failure
RE:     SPD: JPD
Unit/Location: C Co, 3-320 FA Bn, Fort Campbell, KY 

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:  810907  
Current ENL Date: 021105    Current ENL Term: 3 Years  ?????
Current ENL Service: 01  Yrs, 09 Mos, 20 Days ?????
Total Service:  01  Yrs, 09 Mos, 20 Days ?????
Previous Discharges: None
Highest Grade: E-2
Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 101   EDU: GED Cert   Overseas: Southwest Asia   Combat: Iraq (030422-040205)
Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, ASR, OSR 
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None Listed 

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 Regular 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 fully honorable.  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 16 August 2004,  DA, HQ, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, Orders 229-0009, discharged the applicant from the Regular Army, effective date:  20 August 2004.  

      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 and the issues he submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  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 fully honorable.  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 analyst noted the applicant's issue; and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Additionally, 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.  In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable recommends to the Board to deny relief.   

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 7 May 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 0   - 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 narrative reason for 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: 9 May 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080005491

Applicant Name:       
______________________________________________________________________


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