Applicant Name:  ?????

Application Receipt Date: 2008/11/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she has enrolled in college and would like to take advantage of the MGIB. She also wants to further her education as a civilian so that when she desires to re-enter the service, she can better serve her country and support her unit.

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: 070706
Discharge Received: 			   Date: 070806   Chapter: 9       AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: HQ & HQ Company, (Rear Detachment), 4th Brigade, 3rd Special Troops Battalion, 3rd Infantry Division, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): The DA Form 8003 (Army Substance Abuse Program (ASAP) Enrollment) indicates that the applicant received a Summarized Article 15, for failing to report; however, that particular document is not part of the available record.  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 050721    Current ENL Term: 6 Years  ?????
Current ENL Service: 	2 Yrs, 0 Mos, 16 Days ?????
Total Service:  		2 Yrs, 0 Mos, 16 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 94F10 SPCL ELCTR DEV REP   GT: 98   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM GWTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: See enlosed DD Form 293 with (1) attachment.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 May 2007, the unit commander in consultation with the Clinical Director, of the Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure.  On 19 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of drug or alcohol rehabilitation (ASAP) failure; in that she failed to meet the requirements of the Army Substance Abuse Program, with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant consulted 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 service.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 20 July 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged 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.   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, supporting document, and the issue she 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 Army Substance Abuse Program (ASAP) 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 her problems.  Furthermore, the analyst noted the applicant's issue; however, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  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 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: 19 August 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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080018579
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