Applicant Name:  ?????

Application Receipt Date: 2009/07/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 submitted by the applicant.  The applicant was placed in a struggling new recovery and rehabilitation center with poorly supervised night staff. The applicant had no opportunity to overcome his problems. The Fort Irwin ASAP has stopped using this facility and it has since closed after many complaints and heavy staff turnovers. 

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: 071204
Discharge Received: 			   Date: 080110   Chapter: 9      AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: 557th Maintenance Co (Rear), Corps Support Bn, Support Bde, Ft. Irwin, CA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF The analyst noted that there are no Article 15’s in the applicant's file.  The analyst further noted that in the commander's memorandum to the commander of the support brigade, he lists a company grade Article 15 dated 29 June 2007 for disobeying/disrespecting a commissioned officer, reduction to E3, forfeiture of $403 of basic pay (suspended) and extra duty for 14 days.  

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 050714    Current ENL Term: 3 Years  2 weeks
Current ENL Service: 	02 Yrs, 05Mos, 27Days ?????
Total Service:  		05 Yrs, 08Mos, 25Days ?????
Previous Discharges: 	RA 000922-031220/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 63B10 Wheeled Vehicle Mech   GT: 78   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states he is currently enrolled in a rehabilitation treatment program.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record indicates that on 4 December 2007, the unit commander declared the applicant a rehabilitation failure.  On 4 December 2007, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of drug rehabilitation/ASAP failure, 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 did not submit 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 13 December 2007, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 
       
       The analyst noted the Applicant had an Administrative Waiver dated 11 June 2005 in the file to enable him to enlist.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel 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, 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 the applicant’s military records, the issue and documents submitted with the application the analyst determined that the discharge is inequitable.  
       
       The analyst noted that the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program 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 the command declared the Soldier a rehabilitation failure.  
       
       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. The applicant had no opportunity to overcome his problems.  Other Soldiers in this same center had the same issues.  The Fort Irwin ASAP has stopped using this facility and it has since closed after many complaints and heavy staff turnovers.  The applicant was not provided a chance to enroll in a properly staffed and supervised Drug Abuse Prevention and Control contract facility. 
       
       The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the discharge is inequitable in that the former Soldier was not provided the proper rehabilitation, education and support to return to serve in the Army.  If the applicant had been provided an opportunity to be enrolled in a properly staffed and supervised Drug Abuse Prevention and Control contract facility it is possible that he could have returned to the Army to fulfill his enlistment and or possibly to serve to a full retirement. 
       
       The analyst found that the length of the applicant's service, his prior honorable discharge and the medical circumstances surrounding his discharge mitigated the discrediting entries in his service record.  
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable, the reason for discharge be changed to Secretarial Authority and the reentry code  be changed to RE1.  
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 14 April 2010         Location: Washinton, 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 1    No change 4
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






Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090012297
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