Applicant Name: ?????
Application Receipt Date: 2008/09/18 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 149 submitted by the applicant in lieu of DD Form 293.
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: NIF Date: 080122
Discharge Received: Date: 080310 Chapter: 9 AR: 635-200
Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: C Co, 3-81 AR Regt, Fort Knox, KY
Time Lost: None
Article 15s (Charges/Dates/Punishment): 070831, disobeyed a lawful order from a Major General (070727), and dereliction of duty (070331); reduction to E-5, forfeiture of $1161 x 2 (suspended) (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 031120 Current ENL Term: 3 Years The applicant's Enlisted Records Brief (ERB) shows an ETS date of (20100313).
Current ENL Service: 04 Yrs, 03Mos, 21Days ?????
Total Service: 06 Yrs, 09Mos, 06Days ?????
Previous Discharges: RA-010605-031119/HD
Highest Grade: E-6 Performance Ratings Available: Yes No
MOS: 19D28 Cavalry Scout GT: 114 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (051126-061112) and (030122-030826)
Decorations/Awards: ARCOM-2, AAM-4, AGCM, NDSM, GWOTEM, ICM, GWOTSM, NCOPDR, ASR, OSR, CAB, PUC-USA/USAF
V. Post-Discharge Activity
City, State: Clay, KY
Post Service Accomplishments: ?None Listed ????
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record indicates that on 22 October 2007, the unit commander in consultation with the Clinical Director/ASAP declared the applicant a rehabilitation failure. On 7 January 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 rehabilitation failure/ASAP failure. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board and submitted a statement in his own behalf. The unit commander subsequently recommended separation from the service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 8 February 2008, 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 Military Police Report dated 3 August 2007 with additional offenses and additional persons related to report.
The applicant's record contains a General Officer Memorandum of Reprimand dated 21 November 2007 for driving while intoxicated (Administrative).
The applicant's record contains a Military Police Blotter Extract dated 6 August 2007.
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 during the period of enlistment under review and the issues 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 Army Substance Abuse 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 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. Therefore, the analyst determined that the reason for discharge and the characterization of servicee 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: 8 July 2009 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 applicants record of service during the period of enlistment under review and considering the analysts 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
X. 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 AR20080016703
______________________________________________________________________________
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