Applicant Name:  ?????

Application Receipt Date: 2010/03/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I served my time in Iraq.  I suffer from PTSD due to my deployment.  I completed the 30 day in patient program for PTSD and alcohol.  The reason for discharge was that I didnt follow up with appointments cause I was going through a divorce and had to travel to another state for court all the time, therefore making it impossible for me to go to groups in te ASAP program at Fort Campbell.  I fullfilled my first contract with honorable conditions had severe PTSD issues in Iraq and got medavaced for them.  I would like to get my General under honorable conditions upgraded to Honorable that way I can go back to school and get my degree.  I would also like my RE code changed so that way once I get my degree I can go back into the military.  I do not drink and have not drank for over a year.  Therefore not understanding the discharge I recieved.  I have no alcohol related incidenses and would like to re enlist and retire with 20 plus year like my father who is currently a  CMSGT in the air force stationed at offutt AFB."

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: 090911
Discharge Received: 			   Date: 091116   Chapter: 9    AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: 584th Maint Co, Fort Campbell, KY 

Time Lost: 090511, violation of Article 134, UCMJ, reduction to E-2, forfeiture of $784, 45 days of extra duty and 40 days of restriction (FG).  The DA Form 2715 is not contained in the record.

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: 081125    Current ENL Term: 6 Years  ?????
Current ENL Service: 	00 Yrs, 11Mos, 22Days ?????
Total Service:  		02 Yrs, 05Mos, 07Days ?????
Previous Discharges: 	RA 070530-081124/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 63B10/Wheeled Veh Mechanic   GT: 97   EDU: HS Grad   Overseas: SWA   Combat: Iraq (080423-090131)
Decorations/Awards: NDSM, GWOTSM, ICM w/CS, ASR, OSR

V.  Post-Discharge Activity
City, State:  Bowling Green, KY
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record indicates the unit commander in consultation with the Substance Abuse Program Clinical Director declared the applicant a rehabilitation failure.  On 11 September 2009, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of alcohol rehabilitation failure, with a general, under honorable conditions discharge.  He was advised of his rights.  On 16 September 2009, 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 an honorable conditions discharge.  The senior intermediate commander recommended separation with a general, under honorable conditions discharge.  On 26 October 2009, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 

       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, and the issue he submitted, the analyst determined the characterization of service is improper.  
       
       The government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in Chapter 10, AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  
       
       The applicant also requests that his reentry code be changed to be able to rejoin the Army.  However, at the time of his discharge he 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. 
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 5 May 2009         Location: Washington, D.C.

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 government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in Chapter 10, AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board found that the reason for discharge was fully supported by the record and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    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 AR20100010329
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