Applicant Name:
Application Receipt Date: 2008/05/27 Prior Review: Prior Review Date: 6 June 2006, ABCMR, denied; however, the Board directed an administrative change. A DD Form 215 was issued that changed the SPD Code to JPC and the reason for separation to Drug Rehabilitation Failure.
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and supporting 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: NIF
Discharge Received: Date: 941031 Chapter: 9 AR: 635-200
Reason: Drug Rehabilitation Failure RE: SPD: JPC Unit/Location: A Co, 4-67 AR Bn, Friedberg, GE
Time Lost: None
Article 15s (Charges/Dates/Punishment): 940228, wrongful use of marijuana (940102-940202), reduction to E-1, forfeiture of $416.00 x 2, 45 days extra duty and restriction (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 921116 Current ENL Term: 3 Years ?????
Current ENL Service: 01 Yrs, 11Mos, 15Days ?????
Total Service: 01 Yrs, 11Mos, 15Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 19K/M1 Abrams Crewman GT: 97 EDU: HS Grad Overseas: Germany Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: Saginaw, TX
Post Service Accomplishments: Applicant states he is a VFW member and donates time to his community, he put himself through college, attended a rehabilitation program, and became a loving father.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record indicates that on 23 September 1994, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure. 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 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 not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service. The separation authority directed that the applicant be discharged with a characterization of service of honorable.
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 applicants 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 applicants military records, the issue, and the documents he submitted, the analyst found no mitigating factors that would merit a change in the reason 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. He tested positive for marijuana while enrolled in the ADAPCP program. As a result of the applicants 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. Furthermore, 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. The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in his application and/or in the documents with his application. However, in review of the applicants entire service record, the analyst found that these accomplishments did not overcome the reason for his discharge. In view of the foregoing, the analyst determined that the reason for discharge was both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 6 October 2008 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: None
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable, 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
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080008379
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2009 | AR20090007280
Applicant Name: ????? Application Receipt Date: 2009/03/30 Prior Review: Prior Review Date: NA I. 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 AR20090007280 ______________________________________________________________________________ Page 1 of 3 pages
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