Applicant Name:  ?????

Application Receipt Date: 2010/12/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge was based on one isolated incident in 27 months of service with no adverse action.  He fully cooperated with the CID and JAG as a character witness in the trial of a Private, who was found guilty of involuntarily manslaughter at Fort Lewis, WA.  After his separation, he voluntarily attended Savannah Mission Bible Training Center located on 1000 East Victory Drive, Savannah, GA from April 2010 thru July 2010. SMBTC is part of a nonprofit organization known as Mission Teens Inc. The mission is a faith-based program and it was there where he learned to let go of his substance abuse and let God take control; over his life. It was a life changing experience for him.  

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: 100331
Discharge Received: 			   Date: 100416   Chapter: 9       AR: 635-200
Reason: Drug Rehabilitation Failure	   RE:     SPD: JPC   Unit/Location: A Company, (Rear Detachment), 110th Chemical Battalion (TE), Joint Base Lewis-McChord, WA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100129, made an official statement to a 1LT, which statement was totally false (091222), on divers occasions, wrongfully used Oxycontin x 2 between (080901-090907), (090801-090930), and wrongfully inhale Dust-Off on or about (091021), reduction to Private (E-1), forfeiture of $723.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (100728), and restriction for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 080716    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 9 Mos, 1 Days ?????
Total Service:  		2 Yrs, 5 Mos, 15 Days ?????
Previous Discharges: 	ARNG 071102-080213/NA
                                       IADT   080214-080715/HD
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 74D10 L3 Chemical Operations Spec   GT: 125   EDU: 14 Years   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states in his issue that after his separation, he voluntarily attended Savannah Mission Bible Training Center located on 1000 East Victory Drive, Savannah, GA from April 2010 thru July 2010.  SMBTC is part of a nonprofit organization known as Mission Teens Inc. The mission is a faith-based program and it was there where he learned to let go of his substance abuse and let God take control; over his life. It was a life changing experience for him.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record indicates that on 28 January 2010, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program declared the applicant a rehabilitation failure.  On 25 March 2010, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of drug rehabilitation/ASAP failure; in that he tested positive for Oxymorphone while undergoing rehabilitation between (100104-100112) with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 31 March 2010, 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.  
       
       On 6 April 2010, the separation authority approved the separation action and directed the applicant’s discharge 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 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 his discharge was based on one isolated incident in 27 months of service with no adverse action.  Even though the applicant claims it was a single incident, the analyst concluded that the discrediting entry constituted a departure from the standards of conduct expected of soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. 
       
       Having examined all the circumstances, the analyst determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.
       
       The applicant further contends that he voluntarily attended Savannah Mission Bible Training Center from April 2010 thru July 2010 and it is part of a nonprofit organization known as Mission Teens Inc.  The mission is a faith-based program and it was there where he learned to let go of his substance abuse and let God take control; over his life.  It was a life changing experience for him.  The analyst acknowledges the applicant's successful transition to civilian life and the accomplishment outlined in his application.  The applicant is to be commended for his efforts.  However, in review of the applicant’s entire service record, the analyst found that this accomplishment did not overcome the reason for discharge and characterization of service granted. 
       
       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: 27 July 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 30 November 2010.

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 AR20100029273
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