Applicant Name: ?????
Application Receipt Date: 071204 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: Applicant states "I feel that I proved myself and my country by going to Iraq and fighting for our countries freedom. I think that I was young and dumb at the time I was enlisted and got what I deserved. I feel that I should have gotten a honorable condition even though I didnt fullfil my military obligation, but I am fulfilling my obligation now in the Active Reserves. I think that even though I havent completed a full two years by one month I think I should desire a honorable discharge."
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: NIF
Discharge Received: Date: 020903 Chapter: 9 AR: 635-200
Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: 44R AD Bn 1 HHB HVY Div Ft. Hood, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 001002 Current ENL Term: 4 Years ?????
Current ENL Service: 1 Yrs, 11Mos, 02Days ?????
Total Service: 3 Yrs, 3Mos, 13Days ?????
Previous Discharges: The applicant received an HD for service 060501-070912
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 31U10 Signal Support System SPC GT: NIF EDU: HS Grad Overseas: Iraq Combat: Iraq (060810-070807/USAR)
Decorations/Awards: ARCOM,NDSM,GWOTSM, ICM,ASR,OSR,ARFRM
V. Post-Discharge Activity
City, State: Las Cruces
Post Service Accomplishments: Enlisted in USAR was ordered to Active Duty, and earned an HD after serving in Iraq
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances leading to the applicants discharge from the Army are not contained in the available records. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 9, AR 635-200, by reason of drug rehabilitation/ASAP failure. Furthermore, the DD Form 214 shows a Separation Code of JPD with a reentry eligibility (RE) code of 4.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 contains the authority 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 discharge is authorized depending on the applicants 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 applicants military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The specific facts and circumstances leading to the applicants discharge from the Army are not contained in the available records. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 9, AR 635-200, by reason of drug rehabilitation/ASAP failure. Furthermore, the DD Form 214 shows a Separation Code of JPD with a reentry eligibility (RE) code of 4. 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: ????? Location: Washington DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable. The Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) 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. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable,
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
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
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070017789
______________________________________________________________________________
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