Applicant Name:  ?????

Application Receipt Date: 2010/03/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I am requesting that my discharge be changed because yes i admit to smoking marihuana, but after i got back from Iraq, i found my wife in the bed with another man, right after my mother had open heart surgery. i was dealing with emotional problems, physical problems from a broken back that the army doctors said was not broken. The VA finally aknowledged a compression fracture on my L1 and i have extensive diagnosis from behavioral health. The only thing that i want my honorable discharge for is my GI bill so i can continue my education. I want to do something right. i have moved past my issues with my ex wife now, and am trying to get my life back on track"

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: 090722
Discharge Received: 			   Date: 090820   Chapter: 9       AR: 635-200
Reason: Drug Rehabilitation Failure	   RE:     SPD: JPC   Unit/Location: 584th Maint Co, Fort Campbell, KY 

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: 070426    Current ENL Term: 06 Years  ?????
Current ENL Service: 	02 Yrs, 03Mos, 25Days ?????
Total Service:  		02 Yrs, 03Mos, 25Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 94F10 Compdetect Systems Repairer    GT: 105   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (080423-081117)
Decorations/Awards: NDSM, ICM-W/CS, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Oak Grove, KY 
Post Service Accomplishments: None Listed







 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 May 2009, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant an alcohol or other drug abuse rehabilitation failure.  
       
       On 22 July 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol or other drug abuse rehabilitation failure/ASAP failure (090518), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 23 July 2009, the applicant consulted with legal counsel, was advised of the impact the discharge action, and submitted a statement in his own behalf. 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. 
        
       On 28 July 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.   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 dring the period of enlistment under review and the issue submitted with the application, the analyst determined that the characterization of service is improper.  The analyst noted 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 AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  
       
       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 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online Application, dated (100205).






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 characterization of service is improper.  The Board noted that the government introduced 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 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: 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 AR20100010727
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