Applicant Name:  ?????

Application Receipt Date: 2009/09/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states,  in effect that he requests an upgrade of his discharge to fully honorable and a change to the narrative reason for discharge.  He relates he had a drinking problem and asked for help, was pulled from duty and placed in isolation and summarily discharged.  Also, he alleges he asked for rehabilitation and it was never given; the chain of command did not help him; and he asks that this blot removed from his record.   

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: 021203
Discharge Received: 			   Date: 021227   Chapter: 9     AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: HHC, 2nd Bde, 2nd ID, APO AP 96224-0396 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): The unit commander mentions in his notification memorandum that the applicant received a Summary Court-Martial (021126).  However, this document is not part of the available record.  

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 000713    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02 Yrs, 05Mos, 15Days ?????
Total Service:  		02 Yrs, 05Mos, 15Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 109   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, ASR

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 2 December 2002, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant a rehabilitation failure.  On 3 December 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of ASAP failure and for receiving a Summary Court-Martial, due to an alcohol related incident (021126), with a general, under honorable conditions discharge. He was advised of his rights.  
       
       The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. 
       
       The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.
       
       The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains two Military Police Reports, dated 21 October 2002, and 5 November 2002, with additional offenses and  persons related to report.
       
              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 an documents submitted with the application, 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.
       
       By his misconduct (i.e.,  ASAP failure/receiving Summary Court-Martial), the applicant diminished the quality of his service below that meriting a fully honorable discharge. 
       
       The analyst noted the applicant's issue regarding 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," the separation code is "JPD," and the reentry (RE) code is "RE 4."  
       
       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. 
       
       The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.
       
       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.  
             The analyst noted the applicant's issue requesting removal of this blot from record; however, this does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board can be obtained online or from the Veterans Administration.    
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends that the Board 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: The applicant submitted a DD Form 149 and the following documents:  a Self-Authored Statement, dated (090902); Discharge Orders 352-002 two (2) pages, dated (021218); and a DD Form 214, dated (021227). 

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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None









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 AR20090015774
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