Applicant Name:  ?????

Application Receipt Date: 2011/02/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I am requesting this upgrade because while serving with the US Army I served my unit with diligence and a sense of honor that was unsurpassed.  It was only during my divorce from my wife that I made some terrible mistakes resulting in this life altering event.  I currently own my own company and have operated it since 2009.  I am asking for this upgrade so that I may not have this tarnished spot on my record.  Since my discharge I have quit drinking completely and attend AA meetings daily.  I do not wish to look back on my fond memories of serving to defend my country as a black mark on my record.  I wish to only receive the discharge that I as well as my NCO’s and Officers feel I should receive.  Thank you for your time and consideration in this matter."

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: 090225
Discharge Received: 			   Date: 090309   Chapter:  9    AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: B Company, 22d Chemical Battalion, US Army 20th Support Command, Aberdeen Proving Ground, Maryland 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080320, found drunk while on duty as B Company’s Guidon Bearer (080306), reduction to E-3, extra duty for 14 days, (FG).

090225, with intent to deceive, make to 1SG G, an official statement, in that he did not attempt to sign in for SGT W out of APG Police Station, which statement was totally false, and was then known by the applicant to false (081110), willfully disobeyed a lawful command from MAJ H, not to be within 500 feet of PVT C (081112), failed to go at the time prescribed to his appointed place of duty, 0630 PT formation (080915), wrongfully endeavored to change the results of his blood sample by saying to Ms. D, “Is there anything that I could do so that you would change the results of the blood testing,” (081112), reduction to E-1, forfeiture of $699.00 pay per month for two months, suspended to be automatically remitted if not vacated (090825), 45 days extra duty, (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 060620    Current ENL Term: 3 Years  22 Weeks
Current ENL Service: 	2  Yrs, 8 Mos, 20 Days ?????
Total Service:  		2  Yrs, 8 Mos, 20 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 74D10 chemical Operations Specialist   GT: 116   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Alpharetta, GA
Post Service Accomplishments: Owns his own company, has completely quit drinking and attends AA meetings.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record indicates that on 18 November 2008, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program declared the applicant a rehabilitation failure.  On 25 February 2009, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of alcohol rehabilitation/ASAP failure, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 26 February 2009, the applicant declined consultation 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 with a general, under honorable conditions discharge.  
       
       On 26 February 2009, the separation authority approved the separation action and directed the applicant’s discharge 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 and documents 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 Alcohol and Drug Abuse Prevention and Control Program 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 acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.   
       
        In view of the foregoing, the analyst determined 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: 14 October 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement, four letters of recommendation and a DD Form 214.

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: 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 AR20110004086
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