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ARMY | DRB | CY2012 | AR20120007117
Original file (AR20120007117.txt) Auto-classification: Denied
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.  Soldier’s 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 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, 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 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.  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 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 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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