Applicant Name:  ?????

Application Receipt Date: 2010/11/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests a change to the narratgive reason for separation and a change to the reentry eligibility (RE) code. He contends that he was young and immature when he joined the Army and made some mistakes and poor decisions.  He further contends that that he is a responsible citizen in his community, and he is still able to contribute to his country and it's military. 

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: 040220
Discharge Received: 			   Date: 040303   Chapter: 9      AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: 23rd OD Company, APO AE 09059 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030828, without authority, willfully destroy a chair by throwing it out the window, military property of the United States, the amount of said damage being in the sum of $149.51 (030804); forfeiture of $368 pay (suspended x 2 months), and extra duty for 14 days, (CG). 

020104, assault another Soldier by striking him on the head with a glass bottle (011124); reduction to E-1 (suspended); 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:  17
Current ENL Date: 010222    Current ENL Term: 03 Years  three months extension (031119)
Current ENL Service: 	03  Yrs, 00 Mos, 12 Days ?????
Total Service:  		03  Yrs, 00 Mos, 12 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 55B10 Ammunition Spec   GT: 91   EDU: GED   Overseas: Germany   Combat: None
Decorations/Awards: ARCOM, NDSM, ASR

V.  Post-Discharge Activity
City, State:  Algood, TN 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record indicates that on 21 January 2004, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure.  On 20 February 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol  abuse rehabilitation failure and his lack opf cooperation in the alcohol abuse rehabilitation program, with an honorable  discharge.  He was advised of his rights.  
       On 23 February 2004, 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 a general, under honorable conditions discharge.  
       
       The separation authority directed that the applicant be discharged with a characterization of service of fully  honorable. 

       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 and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge. 
       
       The analyst noted that the applicant was enrolled in the Army Substance Abuse Program (ASAP) 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 applicant requested a change to the narrative reason for separation; however, 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 eligibility (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 applicant contends that he was young and immature when he joined the Army and made some mistakes and poor decisions. The applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       The applicant further contends that he is a responsible citizen in his community.  The applicant is to be commended for his effort.  However, this contention is not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process nor is it associated with the discharge at the time of issuance. 
       
       The applicant additionally contends that he is still able to contribute to his country and it's military.  At the time of discharge the applicant 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.  
       
       Furthermore, the analyst acknowledges the applicant's accomplishments outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the narrative reason for discharge.    
       Therefore, the analyst determined that the narrative reason for discharge, to include the reentry eligibility (RE) code was both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 15 July 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (101027); DD Form 214, dated (040303); Certificate of Completion, Intensive Outpatient Program, dated (071107); Marriage Certificate, dated (071019); Birth Certificate, dated (080229); five (5) Letters of Recommendation, dated (101001), (101018), (101016), (101020), 101015); and three (2) Character Statements, dated  undated, (101006).

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 NA    No change NA
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 AR20100027127
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