Applicant Name:  

Application Receipt Date: 2008/12/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in his electronic DD Form 293, "I received this discharge based on two events that occurred in a year period.  Before that I had no incidents, or after that have I had any incidents related to alcohol.  I was young, and was careless.  I take full responsibility for my actions.  Since my separation I have demonstrated that I am capable of service.  I have been a police officer with the same department since 20030613.  I am currently a field training officer, and serve on the response team.  In addition, I have completed my Bachelors and Masters degree.  I am in the process of acquiring my PhD in Psychology.  I would like to join the Texas National Guard as an officer, but with my RE code being a 4 I fear this is not a possibility.  I have enclosed a current copy of my resume, letters of reference from my CO and SSgt when I was in the army, and my unofficial transcripts for your consideration.   Thank you for your time and effort.  I hope that I have adequately demonstrated my accomplishments and earned your pardon. I would like to change the RE Code, but there is not an option for that in the box below".

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: 011110   Chapter: 9      AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: 587th Signal CO, APO, AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 990929    Current ENL Term: 6 Years  ?????
Current ENL Service: 	2 Yrs, 01Mos, 12Days ?????
Total Service:  		2 Yrs, 01Mos, 12Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 74B/Info SYS OP   GT: 111   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Porter, TX
Post Service Accomplishments: The applicant states, "I have been a police officer with the same department since 20030613.  I am currently a field training officer, and serve on the response team.  In addition, I have completed my Bachelors and Masters degree.  I am in the process of acquiring my PhD in Psychology".  Further the applicant I have enclosed a current copy of my resume, letters of reference from my CO and SSgt when I was in the army, and an unofficial transcripts for consideration."


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 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 signature.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 9, AR 635-200, alcohol rehabilitation failure with a characterization of service as honorable.  Furthermore, the DD Form 214 shows a Separation Code of JPD (i.e., alcohol rehabilitation failure) 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 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:  
       The applicant’s record is void of the specific facts and circumstances concerning the events that 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 signature.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 9, AR 635-200, alcohol rehabilitation failure with a characterization of service as honorable.  Further, the DD Form 214 shows a Separation Code of JPD (i.e., alcohol rehabilitation failure) with a reentry eligibility (RE) code of "4."  The analyst noted the applicant's issue and 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.  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.  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.  Futhermore, the analyst noted the applicant's issues and acknowledges his post service accomplishments outlined in the application.  However, in review of the applicant's entire service record at the time of discharge, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  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: 5 October 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: None 

Exhibits Submitted: None





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, 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080020037
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