Applicant Name: ?????
Application Receipt Date: 2009/08/03 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states in effect: "I realize now that I messed up while I was in the Army. If I could go back and change what I did and how my career in the military came to an end I would. I'm not to sure how this appeal process works but I figured I would give it a shot. I know i can't fix what has been done but I am trying to better myself in the present time and the discharge I got seems to hang over my head. The discharge I recived at the time was just reflected on my current actions, but i feel that I had a case of stupidity hit me. I graduated top of my class in AIT and got a few awards while i was in the army. I am asking for this because I was young and stupid at the time this all took place and regret the decisions I made."
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: 060921
Discharge Received: Date: 061026 Chapter: 9 AR: 635-200
Reason: Drug Rehabilitation Failure RE: SPD: JPC Unit/Location: Rear Det, 2-25 Avn Rgt, Schofield Bks, HI
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 040812 Current ENL Term: 6 Years ?????
Current ENL Service: 02 Yrs, 02Mos, 05Days ?????
Total Service: 02 Yrs, 02Mos, 05Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 15T10/UH-60 Hel Rpr GT: 109 EDU: HS Grad Overseas: Hawaii Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR and an AAM (Not reflected in DD Form 214)
V. Post-Discharge Activity
City, State: Orlando, FL
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record indicates that on 31 August 2006, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure. On 21 September 2006, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of alcohol or other drug rehabilitation failure, with a general, under honorable conditions discharge. He was advised of his rights.
On 21 September 2006, the applicant waived 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 Army. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.
On 28 September 2006, 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 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, under honorable conditions 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, and the issue and documents 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 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.
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: 2 June 2010 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: Aviation Logistics School Certificate, DA Form 638 for AAM, DD Form 214.
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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
Legend:
AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial
BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial
CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge
DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable
FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090013133
______________________________________________________________________________
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