Application Receipt Date: 061108 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant stated, "I would like to change the reenlistment code R4 to R3 so I could reenlist and serve my country. For a very long time I felt as though a part of my life has been left uncompleted. Not a day goes by without thinking that I failed myself, family, and my country since I left the Army without fully completing my service. Now that I'm older and wiser, I believe I can committ to fulfill my dreams of completing what I embarked on in the military almost a decade ago. In less than a year, I will receive my B.S. in Business Administration and after I'd like to reenlist." 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: 971020 Discharge Received: Date: 971106 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: Headquarters and Headquarters Company, 1st Battalion, 32d Armor, Fort Lewis, Washington 98433 Time Lost: None Article 15s (Charges/Dates/Punishment): 970520-disobedience of a lawful order from an NCO on (970417); disrespectful in language towards a SSG on (970417); disrespectful in deportment towards a SSG by blowing smoke in his face on (970417); and was drunk while on duty on (970417). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 750419 Current ENL Date: 960911 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 1 Mos, 26 Days ????? Total Service: 1 Yrs, 1 Mos, 26 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 11C10, Indir Fire Infantryman GT: 110 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None were submitted. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 2 September 1997, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure. On 9 October 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol or other drug abuse rehabilitation failure, with an honorable conditions 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 and waiver of further rehabilitative efforts. On 23 October 1997 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 that the evidence was not sufficiently mitigating to warrant an upgrade of the narrative reason for discharge under review. The analyst noted that the applicant was enrolled in the 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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment. Therefore, the analyst determined that the narrative reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 14 March 2007 Location: Dallas, TX Did the Applicant Testify? Yes No Counsel: Anita Cole, Texas Veterans Commission, VA Medical Center, Bldg 2, Room 1E-209, Dallas Texas 75216 Witnesses/Observers: None Exhibits Submitted: None were submitted 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 narrative reason for discharge is now inequitable. The Board found that the circumstances surrounding the applicant's discharge, his post service accomplishments, and the time that has elapsed since the discharge, mitigated the discrediting entries in his service record. Accordingly, the Board voted to change the narartive reason for discharge to "Secretarial Authority." This action entails a change of the reentry eligibility (RE) code to “1.” Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority, under Chapter 5, AR 635-200. 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: 23 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060015823 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages