Applicant Name:  ?????

Application Receipt Date: 2009/07/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached documents submited bythe applicant in lieu of DD Form 293.

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: 080501
Discharge Received: 			   Date: 080521   Chapter: 9     AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: B Co, 1-4th IN Regiment, APO AE 09173108  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071103, willfully and wrongfully damage a vehicle window, by kicking it with his foot, of some value, the property of a German citizen (071007); reduction to E-2, forfeiture of $170 pay x 1 month (both suspended), extra duty for 14 days, and restriction for 14 days (CG).

061130, willfully disobey a lawful command from a 2LT (061104); reduction to E-2, forfeiture of $713 pay x 2 months (suspended), extra duty for 45 days (all days in excess of 21 suspended) , and 45 days restriction (all days in excess of 21 suspended)  (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: 060215    Current ENL Term: 3 Years  16 Weeks/with an approved moral waiver (060104)
Current ENL Service: 	02 Yrs, 03Mos, 07Days ?????
Total Service:  		02 Yrs, 03Mos, 07Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 108   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Afghanistan (070110-070815)
Decorations/Awards: PH, ARCOM-W/"V" DEV, ARCOM-2, NDSM, ACM, NATO MDL, CIB 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed








VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 February 2008, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant a rehabilitation failure.  On 1 May 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 his inability or refusal to participate in, cooperate in, or successfully complete such a program (ASAP) in the following circumstance; there is a lack of potential for continued Army service and rehabilitation efforts are no longer paractical, with an honorable characterization of service.  
       
       He was advised of his 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 honorable discharge.  On 8 May 2008, the separation authority directed that the applicant be discharged with a honorable characterization of service.

       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 during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The analyst noted that the applicant was enrolled in the 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.  
       
       The analyst noted the applicant's issue that he did not receive counseling for post traumatic stress disorder while enrolled in ASAP.  However, the evidence of record shows that the applicant was enrolled in the ASAP for alcohol abuse and subsequently failed the program.  
       
       During the administrative separation from the Army, the applicant was required to undergo a physical examination which indicated that the applicant was currently prescribed two medications (Prazosin and Zoloft) for treatment of his illnesses (nightmares and insomnia) and no mention of PTSD was annotated on the separation physical.  
       
       Further, the applicant's record does not contain any evidence of inservice treatment for PTSD even though he submitted some independent documentation from the (Department of Veterans Affairs) with the application, indicating that he was assigned a 30% disability rating for service connected PTSD.  
       
       Additionally, regarding the applicant 's issue requesting a change to the narrative reason for separation, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 9, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Alcohol Rehabilitation Failure" and the separation code is "JPD."  
       
       
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation. 
       
       Therefore, the analyst determined that the narrative reason for discharge 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: 24 March 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 narrative reason for discharge was both proper and equitable and voted not to change it.  
     
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 0
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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090011912
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