Application Receipt Date: 060323 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting document. 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: NIF Discharge Received: Date: 911209 Chapter: 9 AR: 635-200 Reason: Alcohol Abuse-Rehabilitation Failure RE: SPD: JPD Unit/Location: Headquarters and Headquarters Troop, 3rd Squadron, 4th Cavalry, APO NY Time Lost: None Article 15s (Charges/Dates/Punishment): None, however, the applicant makes reference to having received an Article 15 for a 910704 incident which related to off duty alcohol. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 700915 Current ENL Date: 900904 Current ENL Term: 04 Years ????? Current ENL Service: 01 Yrs, 03Mos, 06Days ????? Total Service: 01 Yrs, 03Mos, 06Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 19D10 (Cavalry Scout) GT: 127 EDU: Some Coll Overseas: Germany Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: States that from 9711 to the present he has been employed at ZF Sachs Automotive, and that since 02 he has been a shift supervisor. He also states that he is actively involved with the German Reserves, German Red Cross, the local community, and that in the future he would like to serve in the Army Reserves in Germany and finish college. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that the separation authority approved the applicant's discharge with a characterization of service of general, under honorable conditions. The applicant's complete facts and circumstances leading to his discharge from the Army are not contained in the available records. However, the records show that on 9 December 1991, Orders 343-077, DA, HQ, U.S. Army Training Center and Fort Dix Transition Point, Fort Dix, New Jersey, discharged the applicant from the Regular Army, effective date: 9 December 1991. The record also contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 9, AR 635-200, by reason of alcohol abuse-rehabilitation failure, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JPD and a reentry eligibility (RE) code of "3." 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 available military records for the period of enlistment under review and the independent evidence he submitted, the discharge is improper. The analyst noted that someone other than the Special Court-Martial Convening Authority approved the applicant’s discharge. In view of the foregoing, the discharge was and is improper. Accordingly, full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority is recommended to the Board. This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070131 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 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 and is improper. Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. This action does not entail a change to the RE code. Case report reviewed and verified by: Eric S. Moore, 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: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070202 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004122 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages