Applicant Name: ????? Application Receipt Date: 2010/03/04 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "I served my time in Iraq. I suffer from PTSD due to my deployment. I completed the 30 day in patient program for PTSD and alcohol. The reason for discharge was that I didnt follow up with appointments cause I was going through a divorce and had to travel to another state for court all the time, therefore making it impossible for me to go to groups in te ASAP program at Fort Campbell. I fullfilled my first contract with honorable conditions had severe PTSD issues in Iraq and got medavaced for them. I would like to get my General under honorable conditions upgraded to Honorable that way I can go back to school and get my degree. I would also like my RE code changed so that way once I get my degree I can go back into the military. I do not drink and have not drank for over a year. Therefore not understanding the discharge I recieved. I have no alcohol related incidenses and would like to re enlist and retire with 20 plus year like my father who is currently a CMSGT in the air force stationed at offutt AFB." II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 090911 Discharge Received: Date: 091116 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: 584th Maint Co, Fort Campbell, KY Time Lost: 090511, violation of Article 134, UCMJ, reduction to E-2, forfeiture of $784, 45 days of extra duty and 40 days of restriction (FG). The DA Form 2715 is not contained in the record. Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: 081125 Current ENL Term: 6 Years ????? Current ENL Service: 00 Yrs, 11Mos, 22Days ????? Total Service: 02 Yrs, 05Mos, 07Days ????? Previous Discharges: RA 070530-081124/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 63B10/Wheeled Veh Mechanic GT: 97 EDU: HS Grad Overseas: SWA Combat: Iraq (080423-090131) Decorations/Awards: NDSM, GWOTSM, ICM w/CS, ASR, OSR V. Post-Discharge Activity City, State: Bowling Green, KY Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record indicates the unit commander in consultation with the Substance Abuse Program Clinical Director declared the applicant a rehabilitation failure. On 11 September 2009, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of alcohol rehabilitation failure, with a general, under honorable conditions discharge. He was advised of his rights. On 16 September 2009, 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 Army. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable conditions discharge. The senior intermediate commander recommended separation with a general, under honorable conditions discharge. On 26 October 2009, 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 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, under honorable conditions 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 determined the characterization of service is improper. The government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in Chapter 10, AR 600-85. Use of this information mandates award of a fully honorable characterization of service. The applicant also requests that his reentry code be changed to be able to rejoin the Army. However, at the time of his discharge he was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable. However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 5 May 2009 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: None VIII. 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 government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in Chapter 10, AR 600-85. Use of this information mandates award of a fully honorable discharge. Accordingly, the Board voted to change the characterization of service to fully honorable. However, the board found that the reason for discharge was fully supported by the record and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100010329 ______________________________________________________________________________ Page 1 of 3 pages