Applicant Name:  ?????

Application Receipt Date: 2009/04/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 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: 080708
Discharge Received: 			   Date: 081020   Chapter: 9     AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: 558th Transportation Co, 6th Transportation BN, Ft Eustis, VA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080505, wrongful previous overindulgence in intoxicating liquor or drugs incapacitated for proper performance of your duties; reduction to E1, forfeiture of $653 per month for two months, extra duty and restriction for 45 days (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 050217    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 08Mos, 04Days ?????
Total Service:  		3 Yrs, 08Mos, 04Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 44B10 Metal Worker   GT: 98   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, NDSM, AR

V.  Post-Discharge Activity
City, State:  Rogue River, OR
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       On 8 July 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, for drug abuse rehabilitation failure in that he was enrolled in the ASAP and was arrested for driving while intoxicated (070916), received a GOMOR for driving under the influence of alcohol (070916),  and as a result of wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of his duties, 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 submitted a statement in his own behalf.  The statement is not part of the available record.  On 18 July 2008, the applicant received a suspension on his separation proceeding for a period of 180 days.  On 3 September 2008, the unit commander requested a vacation of the chapter suspension.  On 3 September 2008 the unit commander notified the applicant of vacation of suspended separation under the provisions of Chapter 9, AR 635-200, by reason of on or about 080828, he was as a result of previous overindulgence in intoxicating liquor or drugs  incapacitiated for the proper performance of duty, 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 8 October 2006, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions and not transferred to the IRR. 
       
       The record contains a General Officer Memorandum of  Reprimand dated 20 September 2005.

       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.  
       Further, the analyst noted the applicant's issue; however, the official record indicates numerous incidents of misconduct.  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: 15 January 2010         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
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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090007610
______________________________________________________________________________


Page 3 of 3 pages