PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  GD

2.  Date of discharge (or REFRAD):  920624

3.  Authority for separation:

	a.  Regulation:  Chapter 9, AR 635-200

	b.  Reason:  Drug Abuse Rehabilitation Failure

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          NDSM                       
a.  Period entered for:  4 Years               ASR
b.  Entry date:  900502                        OSR(1)
c.  Age:  19 Years   DOB:  701101                                          
d.  Educational level:  HS Grad                                                 
e.  Aptitude area score:
	    GT:  110                               3.  Highest grade achieved:
    f.  Length of Service:                         E3
          2 Year(s)  1 Month(s)  23 Day(s)                                  
                                                           
                                               4.  Performance evaluations:  
                                                   NONE

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

5.  Periods of unauthorized absence:  NONE
                                                                    
    Status       Inclusive dates                       
	AWOL                                                               

	Mil conf                                                           

	Civil conf                                                         

	Other                                                              

6.  Nonjudicial punishment: 

	Date 	Offense(s)
	920428    Fail to obey (900901)

7.  Court-Martial data:  NONE

	a.  SCM:  
		Date   Offense(s)

	b.  SPCM:  
		Date   Offense(s)

	c.  GCM:	 
		Date   Offense(s)

8.	Remarks:  NONE

SECTION B - Prior Service Data

Other discharge(s):

	Service	From	To	Type Discharge
	USAR          880714    881205        HD

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

	a.  The evidence of record shows that on 14 April 1992, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant rehabilitation failure.  On 8 June 1992, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, drug and alcohol failure.  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 on his behalf.  The unit commander subsequently recommended approval of the discharge action and forwarded it through command channels to the separation authority.  On 9 June 1992, the separation authority directed that the applicant be discharged with a general discharge.  

	b.  On 24 June 1992, the applicant was discharged with a general, under honorable conditions discharge, under the provisions of Chapter 9, AR 635-200, by reason of drug abuse rehabilitation failure.  He was credited with 2 years, 
1 month, and 23 days active service on the enlistment under review.  

2.  Legal/Regulatory Basis for Separation Action:  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).

SECTION B-APPLICANT’S SUBMISSIONS

1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 990113, with one (1) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion

Referred to ( ) Medical Advisor      ( ) Legal Advisor

      a.  Medical prehearing comments (if applicable):

      b.  Legal prehearing comments (if applicable):

PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1.  Review/hearing information:

	a. Type requested:
	   ( X ) Records review             (   ) Hearing

	b. Type Held:
	   ( X )Records review              (   ) Hearing
	                                    (   ) Tender Offer

	c. Review/hearing location and date:  Washington, DC on 3 March 1999
	d. Appearance by:
	   Applicant                 (   ) Yes   ( X ) No
	   Counsel                   (   ) Yes   ( X ) No

	e.  Applicant testified:     (   ) Yes   ( X ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  

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 of this case report and directive.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    ( X )	Additional issue(s) identified during review/hearing as follows:

        Board Issue:  (3)  The discharge is improper.

	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 parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, paragraph l, above:

        (3)  The issue is accepted.  The Board noted that the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for his abuse of alcohol and alcohol related misconduct.  He was later declared a rehabilitation failure and separation action was initiated.  The Board also noted that the separation authority approved the applicant’s discharge based on drug abuse rehabilitation failure.  However, the evidence of record does not support drug abuse rehabilitation failure as the narrative reason for discharge.  The Board further determined that the erroneous reason for the applicant’s discharge prejudiced the characterization of his service.  Therefore, the Board concluded the narrative reason and the characterization of his service were improper and voted to change the reason for discharge to Secretarial Authority, the characterization of service to fully honorable, and to change the applicant’s reentry (RE) code to RE-1.

	b.  Equity:	The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

        (1) and (2)  See response to paragraph 3, below.

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

    Inasmuch as the Board voted to grant the full relief requested, responses to remaining issues are neither required nor rendered.

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

1.	Board conclusion(s):

	The discharge was:

	(   )	Proper.
	( X )	Improper as to characterization.  Change characterization to Honorable.
	( X )	Improper as to reason.  Change reason to Secretarial Authority under Chapter 5, AR 635-200.

	( 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       5         0  
    Characterization       5         0   

	  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:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  NONE  

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

MRS. WADE                                                        
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  5 March 1999

     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

           ( X )	Changed characterization of discharge to Honorable.
           ( X )	Change reason and authority for discharge to
               	Secretarial Authority, Chapter 5, AR 635-200.
           ( X )	Other (see remarks below).

Remarks:  Change Reentry (RE) code to RE-1.

SECTION B - CERTIFICATION

Approval Authority:

THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SUZANNE WALKER    
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

AR Number:  1999019257                    INDEX NUMBERS:  A0114
Date of Review:  990303                                   A9319
Character of Service:  GD                                 A9445
Date of Discharge:  920624                                
Authority:  AR 635-200 C9                                 
Reason:  A6900                                            
Results of Board Action/                                  
Vote/Affirmation:  HD 5-0 A                               

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1. 	Mbr    X             X                 

    2. 	Mbr    X             X                 

    3. 	Mbr    X             X                 

    4. 	Mbr    X             X                 

    5. 	Mbr    X            X