Applicant Name:  ?????

Application Receipt Date: 2009/04/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that "i am mainly trying to get my re-entry code changed because i would like to re enlist in the military. with the iraq war and afganistan going on i am ashamed i didnt complete my service and would now like to go beyond that and retire through the military and serve my country as every man should."

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: 070413
Discharge Received: 			   Date: 070521   Chapter: 9       AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: Medical Hold Detachment, US Army Medical Department Activity, Fort Drum, NY 

Time Lost: AWOL x 1, for 7 days from (070214-070220). Mode of return is unknown.

Article 15s (Charges/Dates/Punishment): 060825, Failed to go to his appointed place of duty x 2, from on or about 060706; 060612; dereliction of duty; in that he negligently by culpable inefficiency, failed to follow the agreement between DOD employees and Bank of America, as it was his duty to do, on or about 060612, to about 060710; reduction to Private (E-1); suspended, to be automatically remitted if not vacated before 20 February 2007, extra duty for 7 days, and an Oral reprimand (CG). 

The suspension of the punishment of reduction to Private (E-1) and forfeiture of $297.00 imposed on 25 August 2006 was vacated, effective 13 November 2006, based on the applicant's offense of failing to go to his appointed place of duty on or about 25 October 2006. 

Article 15; 070309, Failed to go to his appointed place of duty x 4, on or about 070109, 070201, 070206, 070208, and AWOL, from 070214-070220; reduction to Private (E-1); suspended, to be automatically remitted if not vacated before 8 May 2007, extra duty for 45 days, restriction for 7 days and a Oral reprimand (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 050727    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 9 Mos, 25 Days The applicant was AWOL for 7 days; however, the lost time was not deducted from the Net Active Service this Period on the DD Form 214, item 12c, nor was it shown in block 29 on the DD Form 214, Time Lost.  Net Active Service This Period should be: 1 Yr, 9 Mos, 18 Days.
Total Service:  		1 Yrs, 9 Mos, 25 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Spec   GT: 109   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 March 2007, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant a rehabilitation failure.  On 18 April 2007, 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/ASAP failure; in that he experienced at least two relapses; with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived 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 2 May 2007, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions and not to be transferred to the Individual Ready Reserve (IRR). 

       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 Army Substance Abuse Program (ASAP) 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, and the issue 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 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 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.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service, to include his reentry eligibility (RE) code 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: 13 January 2010         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 AR20090006071
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