IN THE CASE OF:  	

      BOARD DATE:  	24 April 2013

      CASE NUMBER:  	AR20130000846
___________________________________________________________________________

Board Determination and Directed Action

1.  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 to be both proper and equitable and voted to deny relief.  

2.  However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 27 contains the erroneous reentry code of 3.    

3.  In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations.  





      
      
      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 he struggles with substance abuse due to his service; otherwise his performance of service was impeccable.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			3 December 2012		
b. Discharge Received:  			General, Under Honorable Conditions		
c. Date of Discharge:				10 August 2011
d. Reason/Authority/SPD/RE Code:		Alcohol Rehabilitation Failure, Chapter 9                						AR 635-200, JPD, RE-3
e. Unit of assignment:				Headquarters and Headquarters Troop                             t                                                                3rd Brigade Special Troops Battalion, 3rd            t                                                                Heavy Brigade Combat Team, 3rd Infantry            t                                                                Division, Fort Benning, Georgia 			
f. Current Enlistment Date/Term:		23 June 2008, 6 years	
g. Current Enlistment Service:		3 years, 1 month, 11 days
h. Total Service:				4 years, 6 months, 18 days
i. Time Lost:					None
j. Previous Discharges:			RA 070110 - 080622/HD
k. Highest Grade Achieved:			E-5
l. Military Occupational Specialty:		11B10 Infantryman
m. GT Score:					128
n. Education:					HS Graduate
o. Overseas Service:				SWA
p. Combat Service:				Iraq (081006 – 090922)
q. Decorations/Awards:			NDSM, ICM-2, GWOTSM, ASR, OSR, CIB 
r. Administrative Separation Board: 		No
s. Performance Ratings:			Yes
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant reenlisted in the Regular Army on 23 June 2008, for a period of 6 years.  He was      22 years old at the time of reentry and a high school graduate.  He served a combat tour in Iraq and earned a CIB.  He completed a total of 4 years, 6 months, and 18 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 18 May 2011, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, chapter 9, Alcohol or Other Drug Rehabilitation Failure, being declared an alcohol substance abuse program failure by the rehabilitation team meeting counseling staff on 11 April 2011. 

2.  Based on the above, the commander recommended a general, under honorable conditions discharge.

3.  On 7 June 2011, 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 and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

4.  On 22 July 2011, the separation authority approved and directed the applicant’s discharge with a characterization of service of general under honorable conditions.  

5.  The applicant was separated on 10 August 2011, under Army Regulation 635-200, Chapter 9, with a general, under honorable conditions discharge, an SPD code of JPD, and a RE code of 3.               

6.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.   There is a positive urinalysis report contained in the record coded, IU, Inspection Unit, dated 7 June 2011, marijuana.

2.  There are two test results coded RO in the separation files with view dates of 9 February 2011 and 16 February 2011 respectively; although the limited use policy protects the results of a drug or alcohol test administered solely as a required part of a DOD or Army rehabilitation or treatment program, it is interpreted that those provisions relate to only positive results of those tests.  AR 600-85 doesn't prohibit the inclusion of negative test results in separation packets, and a negative result only reveals that the Soldier was enrolled in the Army Substance Abuse Program (ASAP), which in and of itself is not protected by the limited use policy.  Therefore the inclusion of the two tests coded RO in this instance would be a harmless error.

3.  An Article 15, dated 6 July 2011, wrongful use of marijuana (110509 – 110607).  The punishment consisted of reduction to the grade of E-4, forfeiture of $1,115 pay per month for two months (suspended) to be automatically remitted if not vacated before 17 January 2012, 45 days of extra duty (FG). 


4.  Eight negative counseling statements dated between 21 January 2011 and 27 June 2011, for separation proceedings, missing a movement, violating a lawful order by using Musinex, an over the counter drug, disobeying a regulation, suspension of off post privileges for the weekend, and insubordination, substandard performance, failure to be at appointed place of duty, and wrongful use of a controlled substance.

5.  The record contains two NCOERs; the last evaluation covers the period of 2 February 2010        to 1 February 2011, for a period of 12 months and is an annual evaluation.  The applicant was rated as fully capable and received 2/2 from the senior rater.

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided a DD Form 293, 2 evaluations, a service school academic evaluation report, an ERB, a combat infantryman badge award memorandum, and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant provided no information concerning his accomplishments or activities since his discharge.

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 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 documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  It brought discredit on the Army, and was prejudicial to good order and discipline.  By his misconduct, the applicant diminished the quality his service below that meriting a general or a fully honorable discharge.  The applicant’s record of service was marred by an Article 15 for violating the Uniform Code of Military Justice.

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  

4.  The applicant contends that he continues to struggle with substance abuse issues which contributed to his discharge from the Army.  The evidence of record confirms the fact the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems.  Additionally, the Board does not grant relief for the purpose of gaining or enhancing benefits of any type or employment opportunities.

5.  The applicant’s service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3.  The discharge packet confirms the separation authority approved the discharge by reason of alcohol rehabilitation failure.  AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for misconduct (serious offense) will be assigned an SPD Code of JPD and a RE Code of 4.  

6.  In view of the foregoing and notwithstanding the propriety of the discharge, recommend the Board change block 27, reentry code to 4, as approved by the separation authority.   
 
7.  The records show the proper discharge and separation authority procedures were followed in this case.  

8.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief.
  
SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review	  Date:   24 April 2013       Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers:  NA 

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	1	No Change:  4
(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:		No Change
Change RE Code to:			4
Grade Restoration to:			NA
Other:						NA

































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)		AR20130000846

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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