Applicant Name:  ?????

Application Receipt Date: 2011/07/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable.  He contends  his discharge was inequitable because he was not allowed to complete treatment for alcoholism as directed by inpatient services and his substance abuse counselor suggested a Chapter 9 but was ignored.  

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 110624   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: E Co, 3-25th AV Co, Schofield Barracks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  38
Current ENL Date: 080917    Current ENL Term: 03  Years  25 Weeks/with a moral waiver (080905)
Current ENL Service: 	02  Yrs, 09 Mos, 08Days ?????
Total Service:  		02  Yrs, 09 Mos, 08 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92F10 H7 Petroleum Supply Spec   GT: NIF   EDU: 16 Years   Overseas: Southwest Asia   Combat: Iraq (090910-100810)
Decorations/Awards: ARCOM, NDSM, ICM-W/CS, GWOTSM, ASR, OSR, OSB-2 

V.  Post-Discharge Activity
City, State:  Dardanelle, Arkansas
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s digital signature signature.  
       
       The DD Form 214, indicates the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c,  AR 635-200, by reason of misconduct, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct-serious offense), with a reentry eligibility (RE) code of "3." 
       On 21 June 2011, DA, U.S. Army Garrison-Hawaii, Schofield Barracks, HI, Orders 172-0004, discharged the applicant from the Regular Army, effective date:  24 June 2011.  
       
       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted.   

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to the applicant's discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s digital signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214, indicates the applicant was discharged under the provisions of Chapter 14,            paragraph 14-12c, AR 635-200, by reason of misconduct-serious offense, with a characterization of service of  general, under honorable conditions.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  By the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.
       
       The applicant contends his discharge was inequitable because he was not allowed to complete treatment for alcoholism as directed by inpatient services and his substance abuse counselor suggested a Chapter 9 but was ignored.  The evidence of record shows that the applicant had a relapse and his unit would not allow him to TRISARF for the two week step down and he was advised he was being discharged under the provisions of Chapter 14 instead of Chapter 9.  However, AR 600-85, paragraph 7-10, entitled self referrals, states that the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance.
       
       Further,  AR 600-85, paragraph 8-13b, states that if the unit commander determines that conduct, duty performance, and progress are unsatisfactory, and that further rehabilitation efforts cannot be justified, they will initiate a discharge from military service. ASAP counseling services will be provided until the Soldier is separated. Referral to VA services wll be offered.
       
       Also, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   
       
       Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that based on the DD Form 214, 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: 1 February 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (110713); Letter, Completion of Drug Treatment Program, dated (110213); Memorandum, Treatment Discharge Summary and Aftercare Plan, two pages, dated (110616); Chronologial Record of Medical Care, three (3) pages; Letter, Chief, Congressional and Special Actions/with five (5) Congressional Documents.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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						
Board Vote:
Character - Change 1    No change 4
Reason -     Change 1    No change 4
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????

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 AR20110015065
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