CASE NO:  AD97-00359

PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Type of discharge (or characterization of service):  GD                   

2.  Date of discharge (or REFRAD):  931018                                     

3.  Authority for separation:

	a.  Regulation:  Chapter 9, AR 635-200                                    

	b.  Reason:	Drug Rehabilitation Failure
                           
4.  Prior review(s):  ( X ) NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:

a.  Period entered for:  3 Years               Type
b.  Entry date:  910816                        GCMDL
c.  Age:  33 Years   DOB:  580614                                          
d.  Educational level:  16 Years                                           
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  106                               3.  Highest grade achieved:
    f.  Actual creditable service:  2 Years            
        1 Month  15 Days                           Grade    
                                                   E6        

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00359

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:
                                                                    
    Status       Inclusive dates                       
	AWOL         930818-930819; 930824-930829                          
	Mil conf                                                           
	Civil conf                                                         
	Other                                                              

6.  Nonjudicial punishment:

	Nature    Date
	Art 15    930604

7.  Court-Martial data:  ( X ) NONE
	
8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data

1.  Other discharge(s):                  

	Service          Type           
	RA		   HD
	RA		   HD
	RA		   HD

            

	CASE NO:  AD97-00359

PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1.  Summary of facts and circumstances concerning discharge:

   Unknown:	In consultation with the unit commander, the ADAPCP/counselor 			declared the applicant a rehabilitation failure.
    931005:	Unit commander notified applicant of initiation of separation action 		under the provisions of Chapter 9, AR 635-200, for drug 				rehabilitation failure.  He was advised of his rights.
    931005:	Separation authority approved separation with a general under 		         honorable conditions discharge.
    931018:	Applicant was discharged.

2.  Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
	See attached DD Form 293.

3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 960508.
    B-1:  DD Form 293, with nine (9) enclosures as submitted by the applicant.

PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE

PART V - SUMMARY OF REVIEW HEARING

	a.  Applicant testified:    (   ) Yes   ( X ) No

	b.  Witness(es) testified:  (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  ( X ) NONE

				CASE NO:  AD97-00359

PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:
	    ( X )	Same as those listed on DD Form 293 and Part IV, Section A, Paragraph 2.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    (   )	Additional issue(s) identified during review/hearing as follows:

    b.  Request:  ( X ) Recharacterization    (   ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

	a.  Propriety:	The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

	b.  Equity:	The parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.  

       (1),(2),(3),(4) The issues are rejected.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in the applicant as a soldier at the time.  As a soldier the applicant had the duty to support and abide by the Army's drug policy.  By using illegal drugs the applicant knowingly risked receiving a less than fully honorable discharge.  Before initiating action to separate the applicant, the command ensured the applicant was counseled at least once about the deficiencies which could lead to separation.  Additional formal counseling is discretionary. The Board noted the command made an assessment of the applicant’s potential for becoming a fully satisfactory soldier.  The evidence of record established that the applicant was afforded a reasonable opportunity to overcome noted deficiencies. As the applicant did not subsequently conform to required standards of discipline and or performance, the command appropriately determined the applicant did not demonstrate the potential for further military service.  The Board was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

3.  Response to item(s) not addressed as decisional issue(s):  ( X ) NA

			CASE NO:  AD97-00359

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	( X )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	(   )	Improper as to reason.  Change reason to                         under                      .
	( X )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	(   )	Inequitable as to reason.  Change reason to                        
		under                                 .
	(   )	Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         .

2.  Voting record:      Change   No Change
	            Reason       0         5  
    Characterization       0         5   

	  The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below.  The request must contain the CASE NO. located in the upper right corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  CPCD
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  ( X ) NA

				CASE NO:  AD97-00359

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
MAJ WYRICK
Post Hearing Reviewer	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

(X) NONE

SECTION B - CERTIFICATION

Approval Authority:

EL CARTIO BARNES
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SHERRY HILL SARGENT
Major, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge              	C - Other 
B - Material submitted by applicant

INDEX RECORD: 

AD9700359         970328    GD    910816    AR635-200 C9     A6900    NC 5-0 A
1          10 11 12        18    20        26               41       46 49  52

                  A9200   A9317   A9319   A9447                             
                 53      58      63      68                                  

			CASE NO:  AD97-00359

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  MAJ WYRICK, JIMMY              Mbr          X                 X      

    2.  LTC PHILLIPS, JOHN             Mbr          X                 X      

    3.  LTC SMITH, LILLIAN             Mbr          X                 X      

    4.  LTC WHISKER, JILL              Mbr          X                 X      

    5.  COL MELCHIOR, ROBERT           PO           X                 X