Applicant Name: ????? Application Receipt Date: 2011/03/22 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he wants to use the Montgomery GI Bill to further his education. 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: 101012 Discharge Received: Date: 101218 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: 574th Quartermaster Supply Company, 18th Combat Sustainment Support Battalion, APO, AE Germany Time Lost: Military confinement from (101123-101211) for 19 days, as part of the applicant's punishment imposed from a Summary Court-Martial. Article 15s (Charges/Dates/Punishment): 100520, failed to go to his appointed place of duty (100330), violated a lawful general regulation by wrongfully hiding in a PFC barracks room closet and maintaining an inappropriate relationship with her (100314), and was found drunk on duty x 2 (100330), (100413), reduction to Specialist (E-4), forfeiture of $1,146.00 pay per month for 2 months, extra duty and restriction for 45 days (FG). Courts-Martial (Charges/Dates/Punishment): The intermediate commander's memorandum dated (101208) indicates the applicant was tried by a Summary Court-Martial for assaulting his wife and was sentenced to reduction to private (E-1) and confinement for 21 days. However, the Summary Court-Martial is not part of the available record. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 32 Current ENL Date: Reenl/090406 Current ENL Term: 6 Years ????? Current ENL Service: 1 Yrs, 7 Mos, 24 Days ????? Total Service: 9 Yrs, 3 Mos, 29 Days ????? Previous Discharges: USAR 010719-010730/NA RA 010731-070201/HD RA 070202-090405/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 92G10 Food Service Oper GT: 93 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (080625-090925) Decorations/Awards: ARCOM, AAM, GCMDL (2), NDSM, GWOTSM, ICMDLw/CS, ASR, OSR (2) V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record indicates that on 4 October 2010, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant a rehabilitation failure. On 6 October 2010, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of alcohol or other drug abuse rehabilitation/ASAP failure, with a general, under honorable conditions discharges. He was advised of his rights. On 12 October 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board and submitted 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 a general, under honorable conditions discharge. On 19 october 2010, the separation authority approved the separation action and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. The applicant received a General officer Memorandum of Reprimand for operating a motor vehicle while under the influence of alcohol dated (101209), (Administrative). Also, the record contains two Military Police Report's in reference to the applicant's offenses of fleeing the scene of an accident dated (100428) and drunk driving dated (100926). 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 or 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 found no mitigating factors which would merit an upgrade of the applicant's discharge. The analyst noted that the applicant was enrolled in the Army Substance Abuse Program (ASAP) 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 noted the applicant's issue that he wants to use the Montgomery GI Bill to further his education. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 7 October 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 16 March 2011. 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 discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 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: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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 AR20110005766 ______________________________________________________________________________ Page 1 of 3 pages