Applicant Name:  ?????

Application Receipt Date: 2010/07/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she was not a drug rehabilitaion failure but an alcohol rehabilitation failure instead.  She requests a change to the narrative reason for her discharge as well as a change to her reentry code.

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: 070620
Discharge Received: 			   Date: 070727   Chapter: 9    AR: 635-200
Reason: Drug Rehabilitation Failure	   RE:     SPD: JPC   Unit/Location: B Co, Walter Reed Medical Center Bde, Washington, DC 

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:  19
Current ENL Date: 060804    Current ENL Term: 6 Years  ?????
Current ENL Service: 	00 Yrs, 11Mos, 23Days ?????
Total Service:  		04 Yrs, 06Mos, 26Days ?????
Previous Discharges: 	RA 030102-060803/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 68K10/Medical Lab Tech   GT: 116   EDU: 2-YR College   Overseas: Germany   Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, AGCM, ASR 

V.  Post-Discharge Activity
City, State:  Plumas Lake, CA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record indicates that on 17 May 2007, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program, declared the applicant a rehabilitation failure.  
       
       On 20 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of being an alcohol or drug rehabilitation failure, with a general, under honorable conditions discharge. She was advised of her rights.  
       
       On 20 June 2007, the applicant waived her right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the Army.  
       The document by the separation authority approving the discharge is not contained in the available records and the analyst presumed government regularity in the discharge process.

       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 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, 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 and documents she submitted, the analyst determined that the discharge was proper and equitable. 
       
       However, notwithstanding the propriety of the discharge, the analyst found that the unit commander in coordination with the ASAP's Clinical Director, declared the applicant an alcohol rehabilitation failure and someone in the discharge process erroneously entered on the applicant's DD Form 214, block 26, separation code as  “JPC," and block 28, narrative reason for separation as “Drug Rehabilitation Failure.”   
       
       In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 26, separation code to read "JPD," and block 28, reason for separation to read “Alcohol Rehabilitation Failure.”  
       
       Except for the foregoing modifications to the separation code and reason for separation the analyst determined that the reentry code of “4,”  was proper and recommends to the Board to deny relief.  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 30 March 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, ERB, memorandum to unit commander, discharge packet, treatment protocol, abstinence agreement.















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 noted that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 26, separation code as “JPC," and block 28, narrative reason for separation as “Drug Rehabilitation Failure.”  In view of the foregoing, the Board voted and directed an administrative correction be made to block 26, separation code to read "JPD," and block 28, reason for separation to read “Alcohol Rehabilitation Failure.”  However, the board determined that the reentry code of “4” was fully supported by the record and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change NA    No change NA
Reason -     Change 5    No change 0
(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: Alcohol Rehabilitation Failure with corresponding SPD Code of "JPD.".
Other: None										
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 AR20100018877
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