Applicant Name:  ?????

Application Receipt Date: 2011/09/29	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 inequitable because it was based on one incident that occurred during treatment at an inpatient alcohol rehabilitation clinic in Korea.  The head treatment counselor illegally and unethically contacted his father and placed blame on him for his addiction.  The major commanding the center stated that it was wrong for his parents to have been contacted.  He was upset by the counselor's action and chose to leave the treatment, which resulted in his forced discharge.  He has since sought out and qualified for inpatient treatment at the VAMC in Salisbury, NC, which he has successfully completed.  He has completed 29 credit hours at Davidson County Community College and would like to attend a four year university and when he enlisted he paid $100.00 a month for one year and has lost his benefits with a general, under honorable conditions discharge.  A honorable discharge would increase his chances of getting a good job in this weak economy.   

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: NIF
Discharge Received: 			   Date: 081204   Chapter: 9     AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: AD Patriot, D Battery, Okinawa, Japan 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 060516    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 6  Mos, 19  Days ?????
Total Service:  		2 Yrs, 7  Mos, 0  Days ?????
Previous Discharges: 	USAR 060505-060515/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 14T10 Patriot Oper maint   GT: 99   EDU: GED Cert   Overseas: Okinawa, Japan   Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he has since sought out and qualified for inpatient treatment at the VAMC in Salisbury, NC, which he has successfully completed and has completed 29 credit hours at Davidson County Community College.  





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 9, AR 635-200, by reason of drug rehabilitation/ASAP failure, with a general, under honorable conditions discharges.  Furthermore, the DD Form 214 shows a Separation Code of JPD (i.e., alcohol rehabilitation failure) with a reentry eligibility (RE) code of "3."  On 2 December 2008, DA, US Army Installation Management Command, US Army Garraison, Torii Station, APO Area Pacific, issued Orders 337-0002, which discharged the applicant from the Regular Army with an effective date of: 4 December 2008.   

       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 or 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 available military records, the issue and documents he submitted, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The only pertinent evidence available for review regarding the applicant's discharge is the DD Form 214, Certificate of Release or Discharge from Active Duty, which was authenticated by the applicant.  The DD Form 214 shows the applicant was discharged under the provisions of Chapter 9, AR 635-200, for alcohol rehabilitation failure. 
       
       For this type of discharge, the applicant would have been enrolled in the Army Substance Abuse Program (ASAP) and would have been 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.  Inasmuch as the applicant's official record is void of the circumstances leading to his discharge, it is presumed that he was identified as a rehabilitation failure subsequent to his enrollment in the ASAP program.  Therefore, it is also presumed that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems, and chose not to avail himself of this opportunity. 
       
       The applicant's contention that his discharge should be characterized as honorable based on an incident that occurred during treatment at an inpatient alcohol rehabilitation clinic was carefully considered.  However, there is insufficient evidence available in his official record to make a determination upon the applicant's quality of service.  Further, there is a presumption of regularity in the conduct of governmental affairs.  This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption.  There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service he was granted.  The applicant’s statement alone does not overcome the presumption of government regularity in this case and he provided no documentation or further evidence in support of his request for an upgrade of his discharge. 
       
       Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  The board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  In view of the foregoing, the analyst determined 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: 28 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 20 September 2011, college transcript, letter of completion of the Phase One Substance Abuse Treatment Program dated 19 September 2011.

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						
Board Vote:
Character - Change 1    No change 4
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
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

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board



BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????



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 AR20110019682
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