Applicant Name:  ?????

Application Receipt Date: 2009/08/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is requesting an upgrade on his reentry code, and an under honorable condition to a honorable discharge. He is asking for an upgrade and an honorable, so that he can reenlist to get back into the army. He has learned from his mistake, and has been fully punish for his irresponsible actions. Plus he has become more mature, responsible, and disciplined. Justifying why the army should let him back into the army. First off, he states that has done lots of activities to improve himsellf on getting back into the army, and fight again for his country.

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: 081123
Discharge Received: 			   Date: 081223   Chapter: 9       AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: company A, 2nd Battalion, 7th Infantry Regiment, 1st Brigade Combat Team, 3rd Infantry Division, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 051117    Current ENL Term: 3 Years  18 Weeks
Current ENL Service: 	3 Yrs, 0 Mos, 27 Days The net active service this period on the DD Form 214, block 12c is incorrect, should be as annotated above.
Total Service:  		3 Yrs, 0 Mos, 27 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 87   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (070111-080329)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICMDLw/CS, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his DD Form 293 that the courses he has accomplished to get back into the Army are as follows: Alcohol Anonymous (AA), Army Substance Abuse Program (ASAP), and the Army Drug Program Training (APADT). Each of these courses has helped him to become more careful, responsible, and the after effect he would cause to harm himself and others.  The applicant submitted no documentation to substantiate these courses.







VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record indicates that on 10 September 2008, the unit commander in consultation with the Clinical Director/ASAP declared the applicant a rehabilitation failure.  On 23 November 2008, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 9, paragraph 2, by reason of drug rehabilitation failure in the Army Substance Abuse Program (ASAP), 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.  On 10 December 2008, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.  
       
       The record contains a General Officer Memorandum of Reprimand-for drunken driving and failure to maintain lane (Administrative) dated 6 November 2006.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200, Chapter 9 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 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 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 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 was having marital problems, which impaired his ability to serve and he would like to get back into the Army.  The applicant had many legitimate avenues through which to obtain assistance or relief (i.e., chaplain, army community services, family assistance program), without committing the misconduct, which led to the separation action under review. 
       
       Further, 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 the 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: 16 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None submitted by the applicant.

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: No Change
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
















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 AR20090014798
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