Application Receipt Date: 060623 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, with five (5) enclosures. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 040603 Discharge Received: Date: 040625 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: Headquarters and Headquarters Detachment, 795th Military Police Battalion, 14th Military Police Brigarde, Fort Leonard Wood, Missouri 65473 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 760417 Current ENL Date: Reenl/030425 Current ENL Term: 6 Years ????? Current ENL Service: 1 Yrs, 2 Mos, 1 Days ????? Total Service: 9 Yrs, 0 Mos, 4 Days ????? Previous Discharges: RA-950622-970807/HD RA-970808-030424/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 31E00, Corrections Specialist GT: 99 EDU: HS Grad Overseas: Korea (991215-001214) prior service Combat: None Decorations/Awards: ARCOM (2), AAM (3), GCMDL (2), NDSM (2), GWOTSM, NCOPDR (2), ASR, OSR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Letters of character references from various employers, friends. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 12 May 2004, the unit commander in consultation with the clinical director/ASAP declared the applicant a rehabilitation failure and stated that he meets the criteria for an administrative separation. On 3 June 2004, 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 failure, with a characterization of service of general, under honorable conditions. He was advised of his rights. The applicant waived legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administration separation board, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable discharge. On 9 June 2004, the separation authority approved the separation action and 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. 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, the issue and supporting documentation he submitted, the analyst found no mitigating factors that would merit an upgrade of the discharge under review. The evidence of record shows that the applicant was separated due to his inability and or refusal to participate in and successfully complete the drug and alcohol rehabilitation program (ADAPCP). The evidence further shows that the applicant was discharged with a general, under honorable conditions discharge under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure. The analyst was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. In view of the aforementioned, the analyst determined that the reason for discharge and the characterization of service was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 23 May 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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, voted to deny relief. Case report reviewed and verified by: Mr. Ron WIlliams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 25 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060008945 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 6 pages