Applicant Name: ?????
Application Receipt Date: 2012/04/05 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that he requests an upgrade to his discharge and a change to his RE code to reenlist. He states that he served honorably for two years and began drinking alcohol. He remained sober for a while after completing ASAP but started drinking again after being exposed to alcohol through other Soldiers.
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: 100905
Discharge Received: Date: 101026 Chapter: 9 AR: 635-200
Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: FSC, 52d En Bn, Fort Carson, CO
Time Lost: None
Article 15s (Charges/Dates/Punishment): 100701, for violation of Article 90,UCMJ, reduction to E-3 (suspended), forfeiture of $423 x 1 month (suspended), 14 days extra duty, 14 days restriction, suspended punishments were vacated on (100701) (CG). NIF, listed in the commander's report.
100923, disrespect to a superior noncommissioned officer and wrongfully communicating a threat to a noncommissioned officer (100829), forfeiture of $378 x 1 month, reduction to E-2, 14 days extra duty, 14 days restriction (CG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 080401 Current ENL Term: 3 Years 24 weeks
Current ENL Service: 02 Yrs, 06 Mos, 26 Days ?????
Total Service: 02 Yrs, 06 Mos, 26 Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 91B10/Wheeled Vehicle Mechanic GT: 106 EDU: GED Overseas: Korea Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR, OSR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record indicates that on 13 September 2010, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant a rehabilitation failure. On 1 December 2009, he was command referral to ASAP after being hospitalized for alcohol poisoning. He attended 11 weekly sessions and before discharge he was again referred for an alcohol related incident. On 1 June 2010, he was referred to an intensive out patient program for another alcohol related incident. After attending group therapy he again had a relapse and was referred to a residential treament program for 28 days. The applicant was discharged on 16 August 2010. After the treatment program he attended one session before having another alcohol relapse. On 10 September 2010, he was sent to group intoxicated and was placed in the hospital for detoxification. On 5 September 2010, 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 Failure, with an honorable discharge. He was advised of his rights.
The record shows that the applicant waived his rights to consult with legal counsel, 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 13 October 2010, the separation authority approved the separation action 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 issues and documents 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. His service was characterized appropriately as general, under honorable conditions because his service record was marred by two Article15's for multiple violations of the UCMJ and many negative counseling statements.
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: 14 September 2012 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: DD Form 293, dated 2 April 2012, DD Form 214.
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: 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 AR20120007117
______________________________________________________________________________
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