Applicant Name: ?????
Application Receipt Date: 2012/04/06 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that he would like to change his current discharge to honorable. He adds that he served 6.5 years, and that he reenlisted twice--he served honorably during his first term. He would like to use his G.I. bill to return to school.
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: 100506
Discharge Received: Date: 100722 Chapter: 9 AR: 635-200
Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: A Btry, 3-16th Field Artillery Battalion, 2nd BCT, 4ID, Fort Carson, CO
Time Lost: None
Article 15s (Charges/Dates/Punishment): 100427, disobeyed his commander's order to no consume or possess alcohol (100416); made a false official statement with intent to deceive (100416), suspended punishments (reduced to E-3 and forfeiture of $448) vacated, (CG)
100422, failed to go to his appointed place of duty at the prescribed time (date illegible), reduced to E-3 (suspended); forfeiture of $448 (suspended); 14-day extra duty and restriction, (CG)
091023, disobeyed an order by failing to follow the preventive measures and driving under the influence of alcohol (091013), reduced to E-4, forfeiture of $1,063 x 2 months; 45-day extra duty and restriction, (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 26
Current ENL Date: 100107 Current ENL Term: 04 Years ?????
Current ENL Service: 00 Yrs, 05 Mos, 15 Days ?????
Total Service: 06 Yrs, 06 Mos, 29 Days ?????
Previous Discharges: DEP (031224-040204) / NA
RA (040205-070226) / HD
RA (070227-100106) / HD
Highest Grade: E-5 Performance Ratings Available: Yes No
MOS: 13B (Cannon Crewmember) GT: 94 EDU: HS Grad Overseas: Korea, SWA Combat: Iraq x 2 (080905-090817); (040622-060202)
Decorations/Awards: ARCOM; NDSM; ICM-CS; GWOTSM; ASR; OSR-2
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None listed.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record indicates that on 19 March 2010, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant a rehabilitation failure. On 5 May 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation/ASAP failure, with a general, under honorable conditions discharge. He was advised of his rights.
On 6 May 2010, the applicant consulted with a legal counsel and elected consideration of his case by an administrative separation board. The applicant did not submit a statement on his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.
On 26 May 2010, the applicant was notified to appear before an administrative separation board and advised of his rights. On 11 June 2010, the administrative separation board convened. The applicant appeared with counsel. The board recommended the applicant be discharged with issuance of a character of service of general, under honorable conditions.
On 23 June 2010, the separation authority approved the recommendation of the administrative separation board and directed the applicants 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 applicants 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 applicants military records, and the issue and document 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 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 applicants 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 acknowledges the applicants in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the multiple negative counseling statements, and the documented actions under Article 15 of the Uniform Code of Military Justice.
The analyst noted the applicant's issue about his desire to use the benefits of the GI Bill. However, 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.
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: 7 September 2012 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: DD Form 149, dated 4 April 2012; DD Form 214 for service under current review.
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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 0 No change 5
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: NA
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 AR20120006931
______________________________________________________________________________
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