Applicant Name:  ?????

Application Receipt Date: 2008/03/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he has fixed his alcohol problem. He is not the same twenty one year old that he was three years ago. It has been three years since he have had any problems with alcohol. He would really like a second chance to serve his county. He knows that his leadership skills could be untilized to better our armed forces.  

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: 051216   Chapter: 9       AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: HQ & HQ Company, 4th Ranger Training Battalion, Fort Benning, GA 31905-5560 

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:  19
Current ENL Date: 030204    Current ENL Term: 5 Years  ?????
Current ENL Service: 	2 Yrs, 10 Mos, 13 Days ?????
Total Service:  		2 Yrs, 10 Mos, 13 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 114   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq x 2, (030618-031007), (040928-050110), Afghanistan (031230-040405)
Decorations/Awards: ARCOMw/V Dev, ARCOM (2), AAM, NDSM, GWTEM, GWTSM, ICMDL, ASR, CIB, RGR Tab

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: See enclosed DD Form 293 submitted by the applicant. 

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 that led to his 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 signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure with a characterization of service of general, under honorable conditions and a reentry eligibility code of 4.  Furthermore, the DD Form 214 shows a Separation Code of JPD (i.e., alcohol rehabilitation failure).  The evidence of record further shows that on 30 November 2005, Orders 334-2220, DA, HQ, US Infantry Center, Fort Benning, GA, discharged the applicant from the Regular Army, effective date: 16 December 2005.  
       

       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 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 available military records and the issue he submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his 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 signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure, with a characterization of service of general, under honorable conditions and a reentry eligibility code of 4.  Furthermore, the DD Form 214 shows a Separation Code of JPD (i.e., alcohol rehabilitation failure).  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.  Furthermore, the analyst noted the applicant's issue and congratulates the applicant on his achievement since departing the Army.  However, the applicant was discharged under the provisions of Chapter 9, AR 635-200, and the narrative reason specified by Army Regulations for a discharge under this paragraph is "Alcohol Rehabilitation Failure", and the separation code is "JPD."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 January 2009         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 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 characterization of service was too harsh and as a result, it is inequitable.  The Board found that the length and quality of the applicant's service, to include his three tours of combat service mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 4    No change 1
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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080004748
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