IN THE CASE OF:  	Ms. 

      BOARD DATE:  	28 August 2013

      CASE NUMBER:  	AR20130005104
___________________________________________________________________________

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 characterization of service was improper.  The record confirms the government introduced into the discharge packet information in the notification memorandum which disclosed the Soldier had self referred to the Army Substance Abuse Program (ASAP) which violated the limited use policy. 

This is limited use information as defined in AR 600-85 and mandates award of an honorable characterization of service.  Therefore, the characterization of service was improper.  Accordingly, the Board voted to change the characterization of service to honorable.  However, the Board found the reason for discharge was fully supported by the record 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 an upgrade of her discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, her discharge is inequitable because it was based on an isolated incident during 44 months of service with no other adverse action.  She desires to get an education to make something of herself.  Her discharge is ruining her life and her quest for employment has been unsuccessful.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		11 March 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			20 July 2012
d. Reason/Authority/SPD/RE:		Alcohol Rehabilitation Failure, Chapter 9,                						AR 635-200, JPD, RE-4
e. Unit of assignment:			119th Transportation Company, 11th Transportation 						Battalion, Joint Base Little Creek-Story, VA
f. Current Enlistment Date/Term:  	24 February 2009, 3 years and 21 weeks
g. Current Enlistment Service:  	3 years, 4 months, 27 days
h. Total Service:			3 years, 4 months, 27 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	88H10, Cargo Specialist
m. GT Score:				96
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR, NPDR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:	

The applicant enlisted in the Regular Army on 24 February 2009, for a period of 3 years and 21 weeks.  She was 32 years old at the time of entry and a HS Graduate.  She was trained in and awarded military occupational specialty (MOS) 88H10, Cargo Specialist and achieved the rank of SPC/E-4.  Her record does not contain any evidence of acts of valor or meritorious achievements.  She was serving at Joint Base Little Creek-Story, VA, when her discharge was initiated.  


SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record indicates that on 3 June 2011, the applicant successfully completed all requirements for the Intensive Inpatient Alcohol and Drug Rehabilitation Residential Treatment Facility (RTF) at Fort Gordon, GA and placed in a weekly continuity of care group.

2.  On 6 February 2012, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure.  

3  On 4 June 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, for being an alcohol and drug rehabilitation failure.  Specifically for the following offenses:

     a.  for self referring to the Army Substance Abuse Program (ASAP), (110323)

     b.  successfully completing the program, but required to attend the weekly ASAP continuity of care group for one year (110603)

     c.  On 18 December 2011, being stopped by the Virginia Beach Police on suspicion of driving while intoxicated (111218)

     d.  refusing to take a breathalyzer, and a blood alcohol test

     e.  having two small children in the vehicle with her

     f.  later being found guilty and charged with driving while intoxicated, two counts of contributing to delinquency of a minor and these events transpired while she was in treatment

4.  The unit commander advised the applicant of her rights and recommended her discharge from the Army with a service characterization of general, under honorable conditions and waiver of any rehabilitation measures.

5.  On 21 June 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement on her behalf.  The unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

6.  On 5 July 2012, the separation authority approved the proposed action and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 

7.  The applicant’s record does not show any record of unauthorized absences, lost time or actions under the Uniform Code of Military Justice (UCMJ).

8.  The applicant was separated on 20 July 2012, under Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure, with a general, under honorable conditions discharge, an SPD code of JPD and a reentry code of 4.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  The applicant’s record contains counseling statements dated 6 July 2011, 12 July 2011,      3 August 2011 and 14 March 2012 for being selected to attend the Warrior Leader Course (WLC), her performance during the WLC and being informed of pending administrative separation action under provision of Chapter 9.

2.  The record contains a General Officer Memorandum of Reprimand (GOMOR), dated 5 April 2012, for driving under the influence of alcohol, (administrative).

3.  Circuit Court of the City of Virginia Beach documents which indicated the applicant was found not guilty as charged.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293, Memorandum, rebuttal to GOMOR, two pages, Memorandum, matters for discharge under Chapter 9, two pages, Circuit Court of the City of Virginia Beach documents, two pages, Chapter 9 notification memorandum, two pages, Letter, Department of the Navy, Family Advocacy Program Case Review, three pages, two Discharge Orders 193-0010 and 158-0004, DD Form 214 worksheet, Memorandum, Rehabilitation Failure, fourteen supporting statements, medical documentation, twenty-three pages, Diploma, WLC, Certificate of Achievement, two Certificates of Completion, three DA Forms 4856 (Developmental Counseling Form), WLC course management plan, seven pages, DA Form 705 (Army Physical Fitness Test Scorecard), DA Form 3078 (Personal Clothing Request), four pages, and a Letter, Department of Veterans Affairs.  

POST-SERVICE ACTIVITY: 

The applicant did not provide any with the application.

REGULATORY AUTHORITY  

1.  Army Regulation 635-200, Chapter 9 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.  After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, the characterization of service was improper.

2.  The record confirms the government introduced information into the discharge packet, found in the notification memorandum, which disclosed the Soldier had self referred to the Army Substance Abuse Program (ASAP).  This is limited use information and as such, violates the limited use policy as defined in AR 600-85, and mandates award of an honorable characterization of service.  

3.  The records show the proper discharge and separation procedures were not followed in this case.  

4.  Therefore, the characterization of service being improper, recommend the Board grant full relief by upgrading the applicant’s characterization of service to honorable.  However, the reason for the discharge was fully supported by the record and remains both proper and equitable.   























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:  5	No Change:  0
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)		AR20130005104



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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