IN THE CASE OF:  	Mr. 

      BOARD DATE:  	28 August 2013

      CASE NUMBER:  	AR20130003985
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable.  The Board determined the reason for discharge was proper and equitable and voted not to change it.  




      
      
      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 to upgrade his characterization of service from general, under honorable conditions to fully honorable.

2.  The applicant states, in effect, he was discharged for failing to complete the alcohol rehabilitation due to deployment.  His condition worsened after returning from deployment.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	25 February 2013 
	b.	Discharge Received:	General, Under Honorable Conditions 
	c.	Date of Discharge:	26 May 2012 
	d.	Reason/Authority/SPD/RE Code:	Alcohol Rehabilitation Failure, AR 635-200, Chapter 9, 
			JPD, RE-4 
	e.	Unit of assignment:	Golf Co, 54th Engr Bn, (WT Co A, Warriors, CMR, 4 
			MC, Bamberg, Germany) 
	f.	Current Enlistment Date/Term:	6 January 2010, 3 years, 16 weeks 
	g.	Current Enlistment Service:	2 years, 4 months, 21 days 
	h.	Total Service:	2 years, 4 months, 21 days 
	i.	Time Lost:	None 
	j.	Previous Discharges:	None 
	k.	Highest Grade Achieved:	E-4 
	l.	Military Occupational Specialty:	12B10, Combat Engineer 
	m.	GT Score:	NIF 
	n.	Education:	16 years 
	o.	Overseas Service:	SWA 
	p.	Combat Service:	Afghanistan (101119-110721) 
	q.	Decorations/Awards:	PH; NDSM; ACM-2CS; GWOTSM; ASR; OSR; 
			NATO MDL; CAB (ARCOM, AAM provided by
                                                                    applicant)
	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 6 January 2010, for a period of 3 years and 16 weeks.  He was 33 years old at the time of entry and had 16 years of education.  He served in Afghanistan.  He earned a Purple Heart and completed 2 years, 4 months, and 2 days of active duty service.




SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s 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 authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates that on 26 May 2012, the applicant was discharged under the provisions of Chapter 9, AR 635-200, for alcohol rehabilitation failure with a characterization of service of general, under honorable conditions.  Further, the DD Form 214 shows a Separation Code of JPD (i.e., alcohol rehabilitation failure) with a reentry eligibility (RE) code of 4.

3.  The applicant’s available record does not show any evidence of actions under the UCMJ or unauthorized absences or time lost.

4.  There are no orders available that reflect his discharge and its effective date.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There is no further evidence in the applicant’s official record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided character reference letter, dated 28 October 2012; supporting letter, dated 7 January 2013; psychological report, dated 18 January 2013; DD Form 214 for discharge under current review; two separate certificates of achievement; award of NATO Medal certificate; two ARCOM certificates, dated 8 November 2010 to 19 November 2011 and 11 May 2010 to 2 January 2012; and Purple Heart certificate, dated 22 July 2011.

POST-SERVICE ACTIVITY: 

The applicant provided none. 

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 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 an RE Code of 4.

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 authenticated by the applicant.  The DD Form 214 shows the applicant was discharged under the provisions of Chapter 9, AR 635-200, for alcohol 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 about not being able to complete his alcohol rehabilitation were carefully considered.  However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service and further information that led to being identified as a rehabilitation failure.  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 sufficient 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 insufficient 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.  Any medical condition, the applicant may be indicating he suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing.  The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels.  There is no evidence regarding the process of his discharge for the Board’s consideration.

7.  Furthermore, the applicant’s documentary evidence supports a diagnosis of in service Post-Traumatic Stress Disorder (PTSD); however, absent any information regarding his discharge process, and in consideration of applying the presumption of regularity in the conduct of governmental affairs and without any substantial credible evidence to rebut the presumption of regularity, it is determined that this medical condition did not overcome the reason for discharge and characterization of service granted.  

8.  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:  28 August 2013      Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

Board Vote:
Character Change:  3	No Change:  2
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
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)		AR20130003985



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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