Applicant Name:  ?????

Application Receipt Date: 2012/02/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, his discharges are incorrect because on the Report of Mental Status Evaluation the doctor indicated he should have been discharged earlier due to his mental state of mind. His alcohol problems occurred due to his Mental State not his conduct.  He was a good Soldier but his service career was interrupted because of the state he was in at the time. 

On his last DD 214 dated 23 January 2009 block number 18 reads on the second line; member has not completed first full term of service.  This is not true. He completed his first full term of service. Additionally, in block number 28 it states Drug Rehabilitation Failure; this should be Alcohol not drug.   Please correct the 2009 discharge.  Please see the attached Reports by Staff Psychiatrist.  He suffers from PTSD and is VA 30% service connected for this illness.  His reentry code is 4 in block number 27 and he feels this should have been a better code.

On his DD 214 discharge dated 7 November 2002, in block number 28, he has misconduct.  Before this happened, he was with a friend and uncle and was sleeping in the back seat when they were stopped by the police.  His friend had marijuana and claimed it was his.  He was discharged with a General under Honorable Conditions because of this incident.  He went to court in New Jersey and his case was thrown out of court.  He would like this Upgraded to Honorable.  As he said before he was a good Soldier and if he wasn’t a good Soldier then the Army wouldn’t have reenlisted 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: 091218
Discharge Received: 			   Date: 090123   Chapter: 9       AR: 635-200
Reason: Drug Rehabilitation Failure	   RE:     SPD: JPC   Unit/Location: Company B, 1st Battalion, 3d US Infantry Regiment (The Old Guard), Fort Myer, VA  

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:  25
Current ENL Date: 060720    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2  Yrs, 6  Mos, 4    Days ?????
Total Service:  		4  Yrs, 6  Mos, 12  Days ?????
Previous Discharges: 	RA      010816 - 021107/GD
                                       RA      051002 - 060301/HD
                                       USAR 060302 - 060719/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 118   EDU: HS Grad   Overseas: SWA   Combat: Afghanistan (070203 - 080204)
Decorations/Awards: ARCOM, AGCM, NDSM, ACM, GWOTSM, AFRM w/M, ASR, OSR,  NATO MDL, CIB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       On 18 December 2009, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of alcohol or other drug abuse rehabilitation/ASAP failure for being discharged from the Tri-service Addiction Recovery Center due to unauthorized use of alcohol and drugs while in the program (081201); and failing to attend mandated AA meetings and presenting to treatment 3 hours late, with an honorable conditions discharge.  He was advised of his rights.  
       
       On 23 December 2009, 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 an honorable discharge.  
       
       On 4 January 2009, the separation authority approved the separation action and directed the applicant’s discharge with a characterization of service of honorable.
       
       The record contains a Notice To Appear from the District Court of Maryland District Seven.
       
       The record contains a Virginia Uniform Summons from the Fairfax County Police. 

       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, and the issue [and documents] he submitted, the analyst found no mitigating factors which would merit a change to the reason or to the reentry code 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 PTSD diagnosis from the Veterans Administration and the disability rating granted.  However, in review of the applicant's entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 12 November 2008, the applicant underwent a mental evaluation which indicates that he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  The analyst concluded that just because the applicant suffers from PTSD does not mean he doesn't know the difference between right and wrong or that he did not have control over his behavior.  There are many Soldiers with the same condition that complete their service successfully.
       
       The analyst also noted the applicant's issue concerning the completion of his first term of service; however, the correction the applicant requests to be made to the DD Form 214, does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 
       
       The applicant contends that the narrative reason for his discharge should be changed.  However, the applicant was separated under the provisions of Chapter 9, AR 635-200 with an honorable discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Drug Rehabilitation Failure", and the separation code is "JPC."  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.  Furthermore, 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. 
       
        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: 6 August 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 149, Addendum Statement, Dr. [redacted] Mental Health Reports, Medical Forms, VA Letter, Police Report, VA Award Letter (PTSD Increase) and a DD Form 214

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony 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 NA     No change NA 
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: 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 AR20120003084
______________________________________________________________________________


Page 3 of 4 pages