Application Receipt Date: 060703 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: 050712 Discharge Received: Date: 050815 Chapter: 9 AR: 635-200 Reason: Drug Rehabilitation Failure RE: SPD: JPC Unit/Location: B Battery, 3rd Bn 320th Field Artillery, Fort Campbell, KY 42223 Time Lost: None Article 15s (Charges/Dates/Punishment): The unit commander mentioned in his recommendation memorandum that the applicant was reduced to E-2, however, document not in file. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 820128 Current ENL Date: 040924 Current ENL Term: 3 Years ????? Current ENL Service: 00 Yrs, 10 Mos, 22 Days ????? Total Service: 03 Yrs, 11 Mos, 18 Days ????? Previous Discharges: RA-010828-040923/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 13B10 Cannon Crewmember GT: 109 EDU: HS Grad Overseas: SouthWest Asia Combat: Kuwait/Iraq (030228-040301) Decorations/Awards: ARCOM, AAM, NDSM, ICM, GWOTSM, ASR, OSR (2), C/Ach (3) 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 19 April 2005, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure. On 12 July 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of drug abuse rehabilitation 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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, the analyst recommends 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. The analyst determined that the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 6 May 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 5 No change 0 - 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 characterization of service was too harsh, and as a result it is inequitable. The Board does not condone the applicant's misconduct; however, determined that the overall length and quality of the applicant’s service, to include his combat service, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for 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: 21 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060009416 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages