Applicant Name: ?????
Application Receipt Date: 2009/03/23 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 149 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: NIF
Discharge Received: Date: 040708 Chapter: 9 AR: 635-200
Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: HHD, 3d FSGA, Ft Stewart, GA
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: 021107 Current ENL Term: 6 Years ?????
Current ENL Service: 1 Yrs, 08Mos, 02Days ?????
Total Service: 1 Yrs, 08Mos, 02Days ?????
Previous Discharges: None
Highest Grade: E1 Performance Ratings Available: Yes No
MOS: 63H10/Track Vehicle Repairer GT: 99 EDU: HS Grad Overseas: SWA Combat: Iraq & Kuwait (030122-030826)
Decorations/Awards: PUC, NDSM, GWOTEM, GWOTSM, ASR
V. Post-Discharge Activity
City, State: Fayetteville, NC
Post Service Accomplishments: None submitted by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants 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 applicants signature. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 9, AR 635-200, for alcohol rehabilitation failure with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JPD (i.e., for the 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 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:
The applicants record is void of facts and circumstances concerning the events that led to a discharge from the Army. The analyst noted that the applicants record contains a properly constituted DD Form 214, Certificate of Release or Discharge from Active Duty, which was authenticated by the applicant. This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Chapter 9, AR 635-200, for alcohol rehabilitation failure. The analyst noted that the applicant would have been enrolled in the Alcohol and Drug Abuse Prevention and Control Program and would have been 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. In the absence of information 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 determined 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. Therefore, 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: 18 December 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 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 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: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090005535
______________________________________________________________________________
Page 1 of 2 pages
ARMY | DRB | CY2007 | AR20070017789
Applicant Name: ????? Were Proper Discharge and Separation Authority procedures followed? 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...
ARMY | DRB | CY2007 | AR20070009668
Applicant Name: ????? On 24 April 2001, 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 a honorable discharge. The narrative reason specified by Army Regulations for a discharge under this chapter is "Alcohol Rehabilitation Failure", and the separation code is "JPD."
ARMY | DRB | CY2007 | AR20070015599
Applicant Name: ????? 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. On 10 August 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2009 | AR20090007610
Facts and Circumstances: On 8 July 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, for drug abuse rehabilitation failure in that he was enrolled in the ASAP and was arrested for driving while intoxicated (070916), received a GOMOR for driving under the influence of alcohol (070916), and as a result of wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of...
ARMY | DRB | CY2009 | AR20090008587
Applicant Name: ????? On 16 October 2008, 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 abuse rehabilitation failure for alcohol rehabilitation failure with a general, under honorable conditions discharge. 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...
ARMY | DRB | CY2008 | AR20080006331
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." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to:...
ARMY | DRB | CY2008 | AR20080004432
Were Proper Discharge and Separation Authority procedures followed? The separation authority directed that the applicant be discharged with a characterization of service of honorable conditions. 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...
ARMY | DRB | CY2008 | AR20080004432
Were Proper Discharge and Separation Authority procedures followed? The separation authority directed that the applicant be discharged with a characterization of service of honorable conditions. 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...
ARMY | DRB | CY2009 | AR20090012297
Applicant Name: ????? The evidence of record establishes the fact that the applicant was placed in an approved Army Drug Abuse Prevention and Control contract facility that was a new struggling recovery and rehabilitation center with poorly supervised night staff. 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 Legend: AWOL Absent Without Leave GCM...
ARMY | DRB | CY2008 | AR20080006735
Applicant Name: ????? The narrative reason specified by Army Regulations for a discharge is "Alcohol Rehabilitation Failure", and the separation code is "JPD." 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...