Applicant Name:  ?????

Application Receipt Date: 2009/04/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that "he was discharge because I was an alcoholic rehabilitation failure. In my first week of rehabilitation, I relapsed and then the decision was made for me to go home. Before my release from the army I continued with the rehab program, even though I was leaving the army. I wanted to quit my drinking and I did with lots of effort and support from my family. In my last 3 months in the army I did rehab, went to alcoholics Anonymous meetings, and once every week I talk to a consoler about my progress. My NCO’s knew I was a good soldier but I was just having some problems after we just got back from our deployment. When we arrived from our deployment everyone was out having a good time and the higher ranks where letting soldiers bend the rules. But, after awhile anyone who got in trouble was seriously punished. I believe that I was being made an example for all the other soldiers. After I left the army I continued not to drink and decided to continue my education. I am a full time student at American River College and I also work part time."

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: 080923
Discharge Received: 			   Date: 081010   Chapter: 9       AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: Headquarters Support Company, 19th Engineer Battalion, Fort Knox, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080731; Failed to go to his appointed place of duty on or about 080613; and as a result of wrongful previous overindulgence in intoxicating liquor, incapacitated for the proper performance of his duties on or about 080613; reduction to Private (E-2); forfeiture of $754.00 pay per month for one month; extra duty and restriction for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 060906    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 1 Mos, 5 Days ?????
Total Service:  		2 Yrs, 1 Mos, 5 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 21K10 Plumber   GT: 105   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (070328-080314)
Decorations/Awards: ARCOM, NDSM, ACM-CS, ASR, OSR

V.  Post-Discharge Activity
City, State:  N
Post Service Accomplishments: The applicant stated in his issue that "he is a full time student at American River College and he also works part time."

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 30 June 2008, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant a rehabilitation failure.  On 22 September 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; in that he received a Field Grade Article 15 on 080731 for failing to be at his appointed place of duty without authority and incapacitated for the proper performance of his duties due to wrongful previous overindulgence in intoxicating liquor, with a 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 Army.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 24 September 2008, 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 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, under honorable conditions 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 and and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Further, the analyst found no evidence of arbitrary or capricious actions by the command.  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.  Additionally, the analyst acknowledges the applicant’s issue outlining his successful accomplishments since separation from active duty.  The applicant is to be commended for his efforts.  However, these accomplishments do not provide the Board a basis upon which to grant relief.  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: 22 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 AR20090006295
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