Applicant Name:  ?????

Application Receipt Date: 2009/08/31	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I was issued an Alcohol Rehab. Failure separation in 1996 and found it extremely hard advancing in my employment with this type of discharge.  I have stopped consuming alcohol (for approx. 8yrs) and am hoping this separation can be changed.  I was stationed in The 2nd Infantry Division and fell prey to the bad side of this hardship tour.  This request is made in all honest faith.  I never had any disciplinary issues (Article 15's) while stationed in ROK just consumed alcohol on a daily basis.  This prompted me to self check into the TRAC program, which I failed to complete the required 6 meetings in the allotted time span.  So please review this request in hopes of my favor."

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: 961021
Discharge Received: 			   Date: 961112   Chapter: 9       AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: B Btry, 2/17th FA, 2d Inf Div, APO AP 

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:  21
Current ENL Date: 950512    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 06Mos, 01Days ?????
Total Service:  		01 Yrs, 06Mos, 01Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 13B10/Cannon Crewmember   GT: 126   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, ASR, OSR

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 indicates that the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure.  On 21 October 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of drug rehabilitation/ASAP failure, with a honorable 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 separation authority directed that the applicant be discharged with a characterization of service of honorable. 

       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 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 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 and the issues he submitted, 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 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 requesting a change to his narrative reason for separation, however, 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. 
       
       Furthermore, regarding the applicant's issue reference he has found it extremely hard advancing in his employment with the type of discharge he has and that he has stopped consuming alcohol.  The analyst acknowledges the applicant's post service accomplishment outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that this accomplishment did not overcome the reason for discharge.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       In view of the foregoing, 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: 16 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None

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 to deny relief.
        
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: 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 AR20090015140
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