Application Receipt Date: 060922 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD293 II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: None See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 940523 Discharge Received: Date: 940621 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: 545th MP Co, 13th Sig Bn, 1st Cav Div, Fort Hood, TX 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: 730306 Current ENL Date: 930515 Current ENL Term: 3 Years Current ENL Service: 01 Yrs, 01Mos, 09Days Total Service: 01 Yrs, 01Mos, 09Days Previous Discharges: ARNG 910916-930513/HD USAR 920618-921021/UNC Highest Grade: E3 Performance Ratings Available: Yes No MOS: 92Y/Unit Supply Spec GT: 93 EDU: HS Grad Overseas: NONE Combat: NONE Decorations/Awards: NDSM; ASR V. Post-Discharge Activity Home of Record: DeFuniak Springs, FL Current Address: 422 Foreman Road DeFuniak Springs FL 32435 United States Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 6 April 1994, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure. On 23 May 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of drug rehabilitation/ASAP failure, with an honorable discharge. 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 in his own behalf. The unit commander subsequently recommended separation from the service. On 7 June 1994, the separation authority directed that the applicant be discharged with a characterization of service of honorable. 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, and the issue he submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason. 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. In view of the foregoing, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 18 December 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 0 No change 5 - Character Change 0 No change 5 - 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. The Board 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. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. Case report reviewed and verified by: David Loy, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 18 December 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder