Applicant Name:  ?????

Application Receipt Date: 2010/02/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that the Army limited use policy requires him to be separated with an honorable discharge. His packet erroneously indicated that he was command referred to ADAPCP (now known as ASAP). His first enrollment into ADAPCP on 7 December 2006, was a self referral. This information and any information he provided as part of his initial entry concerning alcohol use prior to his initial referral is protected under limited use evidence under the provisions of AR 600-85, paragraph 6-4. The Army limited use policy limits the characterization of discharge to honorable if limited use evidence is used on the issue of characterization of service in administrative proceedings.

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: 060413
Discharge Received: 			   Date: 060602   Chapter: 9       AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: Charlie Company, 141st Signal Battalion, APO AE, Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050304, commit an indecent assault upon a SPC, a person not his wife on or about (041119), reduction to Private (E-2), forfeiture of $339.00 pay per month, for one month, suspended until (050704), extra duty and restriction for 14 days (CG)

Article 15, failed to go to his appointed place of duty on or about (050428), as a result of wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of his duties on or about (050428), reduction to Private (E-1), forfeiture of $288.00 pay per month, for one month, extra duty and restriction for 14 days (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 040311    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 2 Mos, 22 Days ?????
Total Service:  		2 Yrs, 2 Mos, 22 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 25Q10 Multich Trans Op/Mnt   GT: 97   EDU: 14 Years   Overseas: Germany (040831-060602)   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record indicates that on 23 January 2006, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure.  On 5 April 2006, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of alcohol rehabilitation failure/ASAP failure, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 5 April 2006, 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 1 May 2006, the separation authority waived further rehabilitative efforts and directed the applicant be discharged with a characterization of service of general, under honorable conditions. 
       
       The applicant received a letter of reprimand for an alcohol related incident, disobeying a direct order from an NCO, racial slurs in violation of the company EO policy, and disrupting the peace and lack of good order and discipline, dated 12 July 2005. 

       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 all the applicant’s military records, the issue and documents he submitted, the analyst found no mitigating factors which 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 the Army limited use policy requires him to be separated with an honorable discharge.  The applicant contends that his packet erroneously indicated that he was command referred to ADAPCP (now known as ASAP).  His first enrollment into ADAPCP on 7 December 2006, was a self referral.  The evidence of record shows that the applicant was counseled on 30 November 2004 ( DA Form 4856) in reference to his involvement in an alcohol related incident and was told that he would be command referred to attend ASAP since he had a drinking problem. 
       
       The applicant indicated that he understood and agreed to the counseling by authenticating the developmental counseling form (DA Form 4856) with his signature on 30 November 2004.  On 6 December 2004, it appears on the patient intake/screening record (DA Form 4465) that the applicant went to ASAP and "self" referred after being counseled by the appropriate authorities, which is not protected under the limited use policy.  Documents in his chapter packet indicates "self referral" after he was told that he would be command referred, therefore are erroneous.  
       
       In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 8 February 2010, DA Form 4465 Patient Intake/Screening Record (PIR) dated 6 December 2004.

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 AR20100009406
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