Applicant Name: ????? Application Receipt Date: 2010/07/12 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that she was not a drug rehabilitaion failure but an alcohol rehabilitation failure instead. She requests a change to the narrative reason for her discharge as well as a change to her reentry code. 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: 070620 Discharge Received: Date: 070727 Chapter: 9 AR: 635-200 Reason: Drug Rehabilitation Failure RE: SPD: JPC Unit/Location: B Co, Walter Reed Medical Center Bde, Washington, DC Time Lost: None 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: 19 Current ENL Date: 060804 Current ENL Term: 6 Years ????? Current ENL Service: 00 Yrs, 11Mos, 23Days ????? Total Service: 04 Yrs, 06Mos, 26Days ????? Previous Discharges: RA 030102-060803/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 68K10/Medical Lab Tech GT: 116 EDU: 2-YR College Overseas: Germany Combat: None Decorations/Awards: AAM, NDSM, GWOTSM, AGCM, ASR V. Post-Discharge Activity City, State: Plumas Lake, CA Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record indicates that on 17 May 2007, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program, declared the applicant a rehabilitation failure. On 20 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of being an alcohol or drug rehabilitation failure, with a general, under honorable conditions discharge. She was advised of her rights. On 20 June 2007, the applicant waived her right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf. The unit commander subsequently recommended separation from the Army. The document by the separation authority approving the discharge is not contained in the available records and the analyst presumed government regularity in the discharge process. 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 Army Substance Abuse Program (ASAP) 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 and documents she submitted, the analyst determined that the discharge was proper and equitable. However, notwithstanding the propriety of the discharge, the analyst found that the unit commander in coordination with the ASAP's Clinical Director, declared the applicant an alcohol rehabilitation failure and someone in the discharge process erroneously entered on the applicant's DD Form 214, block 26, separation code as “JPC," and block 28, narrative reason for separation as “Drug Rehabilitation Failure.” In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 26, separation code to read "JPD," and block 28, reason for separation to read “Alcohol Rehabilitation Failure.” Except for the foregoing modifications to the separation code and reason for separation the analyst determined that the reentry code of “4,” was proper and recommends to the Board to deny relief. An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 30 March 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 214, ERB, memorandum to unit commander, discharge packet, treatment protocol, abstinence agreement. 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 noted that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 26, separation code as “JPC," and block 28, narrative reason for separation as “Drug Rehabilitation Failure.” In view of the foregoing, the Board voted and directed an administrative correction be made to block 26, separation code to read "JPD," and block 28, reason for separation to read “Alcohol Rehabilitation Failure.” However, the board determined that the reentry code of “4” was fully supported by the record and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change NA No change NA Reason - Change 5 No change 0 (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: Alcohol Rehabilitation Failure with corresponding SPD Code of "JPD.". Other: None 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 AR20100018877 ______________________________________________________________________________ Page 1 of 3 pages