Application Receipt Date: 060908 Prior Review Prior Review Date: 041208 I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. 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: 020719 Discharge Received: Date: 020809 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: D Company 782nd MSB Fort Bragg, NC 28310 Time Lost: None Article 15s (Charges/Dates/Punishment): 020703-wrongfully use marijuana, between on or about (020407) and 020506), (Field Grade). 020111-having received a lawful command from CPT, to stay away from PVT, did willfully disobey the same, (011219), (Company Grade). 011129-having received a lawful order from SSG, to stay away from PVT, did willfully disobey the same, (011121), (Summarized). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 790624 Current ENL Date: 010216 Current ENL Term: 4 Years ????? Current ENL Service: 01 Yrs, 05 Mos, 24 Days ????? Total Service: 01 Yrs, 05 Mos, 24 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 88M10 Motor Transport Operator GT: 95 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR, ALB V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 23 May 2002, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure. On 19 July 2002, 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 general, under honorable conditions discharge. He was advised of his rights. The applicant waived his right to consult 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 service. On 22 July 2002, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. A Bar to Reenlistment was initiated and approved on (020315). 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 careful examination of all the applicant's military records for the period of enlistment under review and the issues he submitted, the analyst recommend that relief be denied in this case. The analyst noted that the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) 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 applicant’s 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. Furthermore, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. The analyst determined that the reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 2 April 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: Yes (redacted) Witnesses/Observers: Yes counsel representative Exhibits Submitted: The applicant submitted eleven additional pages of documents in support of his personal appearance hearing. 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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA 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: 11 April 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060012949 Applicant Name: Mr. Ricky A. Moore Jr ______________________________________________________________________ Page 4 of 5 pages