PART II - APPLICATION DATA (Note: Part I deleted under the Privacy Act on Reading Room copy) 1. Character of Discharge: General, Under Honorable Conditions 2. Date of discharge (or REFRAD): 981202 3. Authority for separation: a. Regulation: Chapter 9, AR 635-200 b. Reason: Alcohol 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: ARCOM NCOPDR (1) a. Period entered for: 3 Years AAM (2ndAwd) ASR b. Entry date: 970912 GCMDL OSR c. Age: 25 Years DOB: 711118 NDSM d. Educational level: HS Grad HSM e. Aptitude area score: JMUA (2) GT: 115 3. Highest grade achieved: f. Length of Service: E4 1 Year(s) 2 Month(s) 21 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) 980828 Disrespectful in language towards a non-commissioned officer and failure to report to your appointed place of duty (summarized). 981021 Assaulted a SSG ((980926); (continuation sheet-NIF). 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 RA 920304 970911 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Evidence of record shows that on 2 November 1998, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure. On 20 November 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol abuse rehabilitation failure, with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than an honorable characterization of service 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 separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. b. On 2 December 1998, the applicant was discharged. At the time of discharge, the applicant had completed 1 year, 2 months, and 21 days of active military service in the period under review and had a total of 6 years, 8 months and 29 days of active military service. c. Nothing in the applicant’s record indicates that his conditional waiver of his right to an administrative separation board for an honorable characterization of service was ever addressed during the discharge process. 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 020129. 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 27 March 2002. 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: (2) 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 1, above. (2) The issue is accepted. The evidence of record shows that at the time of discharge the applicant had completed more than 6 years of active military service and was entitled to a hearing before an administrative separation board. Further, the record shows that the applicant conditionally waived an administrative separation board contingent upon receiving a characterization of service no less favorable than honorable. The applicant’s record appears to contain the entire discharge packet; however, there is no indication, in that packet, that the applicant’s conditional waiver for an honorable characterization of service was ever addressed by the separation authority. In view of the foregoing, the Board determined the discharge to be improper. Accordingly, the Board voted to grant relief in the form of a change to the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. 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) See 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, response to the remaining issue is 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                            MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE TO: ARBA Support Division-St Louis Date: 29 March 2002 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 ) Change characterization of discharge to Honorable. ( X ) Change reason and authority for discharge to Secretarial Authority, AR 635-200. ( X ) Other (see remarks below). Remarks: This action does not entail a change in RE code. SECTION B - CERTIFICATION Approval Authority: GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board Official: EARNEST C. SMITH, JR. 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: 2002068064 INDEX NUMBERS: A0210 Date of Review: 020327 A1200 Character of Service: GD A9217 Date of Discharge: 981202 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. PO  X     X