Applicant Name:  ?????

Application Receipt Date: 2008/04/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant.

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: 000127
Discharge Received: 			   Date: 000209   Chapter: 9      AR: 635-200
Reason: Drug Rehabilitation Failure	   RE:     SPD: JPC   Unit/Location: A Trp, 1-2 ACR, Fort Polk, LA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 991104, disobeyed a lawful general order by wrongfully consuming alcohol underage (991002), and reckless driving at a high rate of speed through the housing area (991002), (CG).

980804, wrongfully used cocaine between (980705-980708), reduction to E-1, forfeiture of $216 x 1, 14 days extra duty and 14 days restriction (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 970910    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 05Mos, 00Days ?????
Total Service:  		02 Yrs, 05Mos, 00Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 19D10 Cavalry Scout   GT: 89   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Rose Hill, MS
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 11 January 2000, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant an alcohol rehabilitation failure.  On 26 January 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol or other drug rehabilitation failure, with an general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service.  On 27 January 2000, the separation authority directed that the applicant be discharged with an honorable characterization of general, under honorable conditions. 
       The analyst noted that on the applicant's DD Form 214 block 26, separation (SPD) code  reads "JPC", and block 28, narrative reason for separation reads "Drug Rehabilitation Failure."  The evidence of record shows that that the applicant was in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for use of cocaine, he received treatment and was released on 2 October 1998.  Subsequently, on 1 November 1998, the applicant was enrolled in ADAPCP for underage drinking and while in the program received a DUI.  The applicant was declared a rehabilitation failure.  The separation authority approved the applicant's discharge under the provisions of AR 635-200, Chapter 9, alcohol or other drug rehabilitation failure.  Furthermore, according to AR 635-5-1, Separation Program Designator (SPD) codes, the narrative reason for separation should have been "alcohol rehabilitation failure" and the separation (SPD) code  "JPD."  Having examined the applicant's entire military record  and as a matter of equity the analyst recommends to the Board that block 26, separation (SPD) code be changed to read "JPD" and block 28, narrative reason for separation to read "alcohol rehabilitation failure," which according to Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, still requires an reentry (RE) code of "4."   
       
       The applicant's record contains a General Officer Letter of Reprimand for driving while intoxicated dated 24 January 2000, (Administrative). 
       
       The applicant record contains three Military Police Reports dated 18 December 1999, 3 October 1999 and 8 July 1998.

       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 military records during the period of enlistment under review, the issues and document and documents he submitted, the analyst found no mitigating factors that 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.  Furthermore, the analyst noted the applicant's issue; however, 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.  Finally, the analyst determined that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  
       
Additionally, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 26, separation (SPD) code "JPC", and block 28, narrative reason for separation  "Drug Rehabilitation Failure."  In view of the foregoing , the analyst recommends to the Board that a change be made to block 26, separation (SPD) code to read "JPD", and block 28, narrative reason for separation to read  "Alcohol Rehabilitation Failure." However, the analyst determined that the characterization of service 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: 11 February 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 voted to change block 26, separation (SPD) code to "JPD", and block 28, narrative reason for separation to "Alcohol Rehabilitation Failure."  However, the Board determined that the characterization of service was both proper and equitable and voted not to change it.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(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: "Alcohol Rehabilitation Failure" with the corresponding separation (SPD) code of "JPD" under provisions of Chapter 9, AR 635-200. 
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080006331
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