IN THE CASE OF:  	Mr. 

      BOARD DATE:  	12 April 2013

      CASE NUMBER:  	AR20120022405
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of his discharge from general under honorable conditions to honorable.

2.  The applicant states, in effect, that that after being discharged from military service, he self-enrolled in a treatment program in October 2010 and completed the program 14 December 2010. The program is state funded and during the duration of the program, he was randomly tested for drugs such as marijuana and alcohol.  He did not fail any of the tests during or after that period.  He has successfully stayed sober after completing the program.  He realized his mistakes and takes full responsibility for the mistakes.  He has learned from them, and would like to clear his name and show that he has all the qualities it takes to serve honorably in the military.  He will not make the mistakes again.  He would appreciate the opportunity to display all the skills he obtained while going through treatment.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	28 November 2012
	b.	Discharge Received:	General, under honorable conditions
	c.	Date of Discharge:	8 October 2010
	d.	Reason/Authority/SPD/RE Code:	Drug Rehabilitation Failure / AR 635-200, Chapter 9 
			/ JPC / RE-4
	e.	Unit of assignment:	303 Ordnance Battalion, Schofield Barracks, HI
	f.	Current Enlistment Date/Term:	21 July 2008 / 3 years, 2 weeks / 3 month Ext on   
			 21 October 2009
	g.	Current Enlistment Service:	2 years, 2 months, 18 days
	h.	Total Service:	4 years, 6 days
	i.	Time Lost:	None
	j.	Previous Discharges:	USAR (060923-080720) / NA
	k.	Highest Grade Achieved:	E-3
	l.	Military Occupational Specialty:	42A (Human Resources Spec)
	m.	GT Score:	NIF
	n.	Education:	High School Graduate
	o.	Overseas Service:	Hawaii
	p.	Combat Service:	NIF
	q.	Decorations/Awards:	AAM; NDSM; GWOTSM; ASR
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 21 July 2008 for a period of 3 years and 2 weeks.  He was 20 years old at the time of entry and a high school graduate.  He served in Hawaii.  He earned an AAM, and completed 2 years and 7 months of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates that on 8 October 2010, the applicant was discharged under the provisions of Chapter 9, AR 635-200, for drug rehabilitation failure, with a characterization of service of general, under honorable conditions.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JPC and a reentry (RE) code of 4.  

3.  The applicant’s record does not show any recorded actions under the UCMJ, unauthorized absences or time lost.  However, he was separated as a PV2/E-2 and the action that caused his reduction is not contained in the service record.]

4.  On 27 August 2010, DA USAG-Hawaii, Schofield Barracks, HI, Orders Number 239-0015, discharged the applicant from the Army effective 8 October 2010.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The applicant’s record does not contain any negative information.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 293, dated 28 November 2012; DD Form 214 for service under current review; confirmation letter of admission, dated 20 May 2011; certificate of completing a treatment program, dated 13 December 2010.

POST-SERVICE ACTIVITY: 

The applicant states, in effect, that he had self-enrolled and completed a treatment program.  

REGULATORY AUTHORITY:

1.  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.  

2.  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.  

3.  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 limited use information is used in the discharge process.

DISCUSSION AND RECOMMENDATION:

1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The only pertinent evidence available for review regarding the applicant's discharge is the DD Form 214, Certificate of Release or Discharge from Active Duty, which was digitally authenticated by the applicant.  The DD Form 214 shows the applicant was discharged under the provisions of Chapter 9, AR 635-200, for drug rehabilitation failure. 

3.  For this type of discharge, the applicant would have been enrolled in the Army Substance Abuse Program (ASAP) and would have been 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.  Inasmuch as the applicant's official record is void of the circumstances leading to his discharge, it is presumed that he was identified as a rehabilitation failure subsequent to his enrollment in the ASAP program.  Therefore, it is also presumed that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems, and chose not to avail himself of this opportunity. 

4.  The applicant's contentions that he successfully completed a treatment program and has remained sober were carefully considered.  However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service.  Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption.  There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted.  The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.  

5.  If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

6.  The applicant expresses a desire to rejoin the Service.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on AR 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE Code of 4.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment.   

7.  Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: 	Records Review	  Date:  12 April 2013       Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers: NA 

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:		No Change
Change Authority for Separation:	N/A
Change RE Code to:	N/A
Grade Restoration to:	N/A
Other:	N/A













Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20120022405



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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