IN THE CASE OF:  	Mr.

      BOARD DATE:  	12 June 2013

      CASE NUMBER:  	AR20130001581
___________________________________________________________________________

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 to be 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 a change to the narrative reason for his discharge and to the reentry (RE) code.

2.  The applicant states, in effect, that he wants to reenlist.  He has completed a civilian rehabilitation program and was told he could join the Army National Guard and receive separation pay.  He would like to serve again and correct his past mistake.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 January 2013
b. Discharge received:			Honorable 
c. Date of Discharge:			13 July 2007
d. Reason/Authority/SPD/RE:		Alcohol Rehabilitation Failure, Chapter 9               						AR 635-200, JPD, RE-4
e. Unit of assignment:			HHC, 1st Bn, 21st Infantry Regiment, Schofield 							Barracks, HI
f. Current Enlistment Date/Term:  	16 November 2004, 5 years
g. Current Enlistment Service:  	2 years, 7 months, 27 days
h. Total Service:			6 years, 9 months, 9 days
i. Time Lost:				None
j. Previous Discharges:		RA (001005-031105), HD										RA (031106-041115), HD
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	11B20, Infantryman
m. GT Score:				110
n. Education:				HS Graduate
o. Overseas Service:			SWA, Hawaii
p. Combat Service:			Afghanistan (040324-050323)
q. Decorations/Awards:		AECOM-2, AAM-2, AGCM-2, NDSM, GWOTEM						GWOTSM, NPDR, ASR, OSR-2, CIB
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 5 October 2000 and on 16 November 2004, he reenlisted for a second time for a period of 5 years.  He was 25 years old at the time and was a high school graduate.  He served a combat tour in Afghanistan between March 2004 and March 2005.  His record indicates he was awarded 2 ARCOMs, 2 AAMs, and 2 AGCMs.  When his discharge proceedings were initiated he was serving at Schofield Barracks, HI.


SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record indicates that on 26 March 2007, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure.  

2.  On 29 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol or other drug rehabilitation failure.  

3.  The unit commander advised the applicant of his rights and recommended a discharge from the Army with a characterization of service of honorable and waiver of any additional rehabilitation measures.

4.  On 29 May 2007, the applicant waived legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to appear before and administrative separation board, and did not submit a statement on his own behalf.  The unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed action and recommended approval of the separation with an honorable discharge.  

5.  On 21 June 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge with an honorable characterization of service. 

6.  The applicant was separated on 13 July 2007, under Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure, with an honorable discharge, an SPD code of JPD and a RE code of 4.  

7.  The applicant’s available record does not contain any evidence of time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A Company Grade Article 15, issued on 6 March 2007, for making a false statement with the intent to deceive (070108).  His punishment consisted of 14 days of restriction and extra duty.

2.  Three negative counseling statements dated 9 January 2007, 10 January 2007, and 24 March 2007 for driving under the influence, false statement, vehicle accident, and for his alcohol problem.

3.  An Academic Evaluation Report (051011-051026), for attendance to PLDC indicates the applicant achieved the course standards.

4.  Two MP Reports dated 8 January 2007 and 24 January 2007, which indicate the applicant was the subject of investigations related to a traffic accident, reckless driving, driving under the influence, and providing a false statement.
EVIDENCE SUBMITTED BY THE APPLICANT 

 The applicant provided a rehabilitation counseling record, and a self-authored statement.

POST-SERVICE ACTIVITY: 

None provided with the application.

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.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JPD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JPD" will be assigned a RE Code of 4.

DISCUSSION AND RECOMMENDATION:

1. The applicant’s request for a change to the reason for his discharge and reentry code was carefully considered.  However, after examining the applicant’s service record, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for the discharge.    

2.  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 the 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 the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. 

3.  The applicant contends that a change in the reason for the discharge and his reentry code would allow for his reenlistment.  However, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JPD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure.  The regulation further stipulates that no deviation is authorized.  

4.  Further, the SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JPD" will be assigned an RE Code of 4.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment.  

5.  Moreover, the applicant’s states he did not receive his separation pay.  However, this issue does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 

6.  Finally, the applicant contends that since leaving the Army he has completed a civilian counseling and education program.  The applicant is commended for his post-service accomplishments; however, in review of the applicant’s entire service record and the reason for the discharge, it appears these accomplishments did not overcome the reason for discharge.  

7.  In view of the foregoing, the reason for discharge, the reentry code, and the characterization being all proper and equitable, recommend the Board deny relief.




















SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

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

Did the Applicant Testify?  No 

Counsel: 			None

Witnesses/Observers: 	NA

Board Vote:
Character  	Change:  NA	No Change:  NA
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:	NA
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
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)		AR 20130001581		

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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