Applicant Name:  ?????

Application Receipt Date: 2010/09/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he request that his reentry eligibility (RE) code be changed in order that he may fulfill and keep the honor association between his families name in the US Army. He has since past his childhood indiscrestions and has made his amends.

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: 001020
Discharge Received: 			   Date: 001201   Chapter: 9       AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: HQ & HQ Company, 1st Battalion, 501st Aviation Regiment, Germany APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 000419, disrespectful in language towards SGT, a noncommissioned officer on (000306), disobeyed a lawful order from SGT, a noncommissioned officer on (000306), found drunk while on duty on (000306), reduction to Private (E-2), forfeiture of $200.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated before (001015), extra duty and restriction for 45 days (FG)

000223, resisted apprehension by SSG, a military policeman on (991225), unlawfully struck a female on (991225), drunk and disorderly on (991225), reduction to Private First Class (E-3), forfeiture of $667.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (000820), extra duty for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 980513    Current ENL Term: 5 Years  ?????
Current ENL Service: 	2 Yrs, 6 Mos, 19 Days ?????
Total Service:  		7 Yrs, 2 Mos, 9 Days ?????
Previous Discharges: 	USMCR 930922-931206/NA
                                       USMC   931206-971205/HD
                                       USMCR 971206-980512/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 67T10 UH-60Helicopter Repairer   GT: 109   EDU: HS Grad   Overseas: Germany (990830-001201)   Combat: None
Decorations/Awards: AAM, GCMDL, NDSM, AFEMDL, ASR, L/A

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



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record indicates that on 27 March 2000, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant a rehabilitation failure.  On 20 October 2000, 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/ASAP failure, with an honorable discharge.  He was advised of his rights.  
       
       On 24 October 2000, 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 Army.   
       
       Tthe separation authority approved the separation action and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 
       
       The record contains a Military Police Report in reference to the applicant's offenses of; drunk and disorderly, communicating a threat, disrespect to superior noncommissioned officer, simple assault x 2, resisting apprehension, disobeying a noncommissioned officer, provoking speech and gestures, and breach of peace dated 25 December 1999.

       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 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, the analyst determined that the discharge is improper.  
       
       The evidence of record shows that the applicant consulted with legal counsel and had over 6 years of total active and reserve military service at the time of initiation of separation action.  The analyst noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board.  The analyst determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper.  
       
       In view of the foregoing, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 27 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 14 September 2010.

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 and is improper.  The evidence of record shows that the applicant consulted with legal counsel and had over 6 years of total active and reserve military service at the time of initiation of separation action and was entitled to an administrative separation board. 

The Board noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board and did not waive it.  The Board determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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: Secretarial Authority under the provisions of Chapter 5-3, AR 635-200, with a corresponding separation (SPD) JFF. 
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change



















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 AR20100024428
______________________________________________________________________________


Page 1 of 3 pages