Applicant Name:  ?????

Application Receipt Date: 2011/09/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests his RE Code be upgraded to allow him to rejoin the U.S. Army or U.S. Army Reserves.  He states that he served honorably for four years.  He contends that he joined the Army at the young age of 18 and wanted to make a better life for his family.  He has matured and regrets the bad decisions he made to this day.  The applicant contends that he became very depressed as a result of missing his daughter and began to self-medicate through substance abuse.  He states that he is over one year sober and working a full time job.  

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   Yes

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 100803
Discharge Received: 			   Date: 100805   Chapter: 9     AR: 635-200
Reason: Alcohol Rehabilitation Failure	   RE:     SPD: JPD   Unit/Location: HHC, 1st Bn, 18th Inf Regt, Fort Riley, KS 

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: 081109    Current ENL Term: 05 Years  ?????
Current ENL Service: 	01 Yrs, 08 Mos, 28 Days ?????
Total Service:  		04 Yrs, 03 Mos, 17 Days ?????
Previous Discharges: 	RA 060419-081108/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19D10/Calvery Scout   GT: 94   EDU: GED   Overseas: SWA   Combat: Iraq (081001-090723)
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, KDSM, ICM-CS, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Sober for more than one year and working full time.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record indicates that on 16 July 2010, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant a rehabilitation failure.  On 3 August 2010, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of alcohol rehabilitation/ASAP failure, with a general, under honorable conditions discharges.  He was advised of his rights.  
       
       On 3 August 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 with a general, under honorable conditions discharge.  
       
       On 3 August 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 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 military records for the period of enlistment under review and the issues and documents he submitted, the analyst determined that the discharge is improper.  
       
       The analyst noted that the applicant was separated under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure, with a general, under honorable conditions discharge.  However, Army Regulation 635-200, paragraph 1-19c, stipulates that commanders who are special court-martial convening authorities are authorized to approve or disapprove separation on chapters 5, 6, 7, 8, 9, 11, 13, 16, and 18 when the issuance of a characterization of service under other than honorable conditions is not warranted.  This authority does not include officers in the grade of MAJ (O-4) or below, who are acting commanders.  The record indicates that on 3 August 2010, the separation authority in the grade of MAJ acting on assumption of command orders approved the separation action and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       In view of the foregoing, the analyst recommends that relief be granted in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority under provision of Chapter 5, AR 635-200, with a corresponding SPD Code of "JFF" (Involuntary Discharge).  This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 6 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated, 20 September 2011, DD Form 214, letters of support x 2 dated, 20 September 2011, various case and OMPF documents.

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 and is improper.  The evidence of record shows that the applicant was separated under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure, with a general, under honorable conditions discharge.  However, Army Regulation 635-200, paragraph 1-19c, stipulates that commanders who are special court-martial convening authorities are authorized to approve or disapprove separation on chapters 5, 6, 7, 8, 9, 11, 13, 16, and 18 when the issuance of a characterization of service under other than honorable conditions is not warranted. 
This authority does not include officers in the grade of MAJ (O-4) or below, who are acting commanders.  The record indicates that on 3 August 2010, the separation authority in the grade of MAJ acting on assumption of command orders approved the separation action and directed the applicant’s discharge with a characterization of service of general, under honorable conditions..  The Board determined that the discharge is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority with a corresponding SPD Code of “JFF” (Involuntary Discharge).
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Change Reason to:   Secretarial Authority under Provision of Chapter 5, AR 635-200, with a               corresponding SPD Code of “JFF” (Involuntary Discharge).
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20110019898
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