IN THE CASE OF:  	

      BOARD DATE:  	1 November 2013

      CASE NUMBER:  	AR20130005955
___________________________________________________________________________

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

2.  The applicant states, in effect, that while still serving on active duty, he was tested for high symptoms of PTSD.  He never did receive treatment for the PTSD; however, he was treated for alcoholism.  He has never had a problem with alcohol.  He was treated for the wrong thing.  Whenever he applies for a state of federal job, he is disqualified because of this injustice.   

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		21 March 2013
b. Discharge received:			Honorable 
c. Date of Discharge:			2 October 2009
d. Reason/Authority/SPD/RE:		Alcohol Rehabilitation Failure, Chapter 9, AR 635-200
      JPD, RE-4
e. Unit of assignment:			HHC, 1st Battalion, 27th Infantry Regiment, 2nd 						Stryker Brigade Combat Team, Schofield Barracks, HI 
f. Current Enlistment Date/Term:  	5 December 2008, 4 years
g. Current Enlistment Service:  	0 years, 9 months, 28 days
h. Total Service:			3 years, 8 months, 13 days
i. Time Lost:				1 day
j. Previous Discharges:		USAR (060120-060130), NA									IADT (060131-060616), UNC									ARNG (060617-070403), HD									RA (070404-081204), HD				
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	42A10, Human Resources Specialist
m. GT Score:				103
n. Education:				GED
o. Overseas Service:			HI, SWA
p. Combat Service:			Iraq (071208-090228)
q. Decorations/Awards:		AAM-3, NDSM, ICM-w/CS, GWOTSM, ASR, OSR-2 
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 ARNG on 20 January 2006, for a period of 6 years.  On 4 April 2007, he enlisted in the Regular Army for a period of 3 years and 2 weeks.  On 5 December 2008, he reenlisted for a period of 4 years.  He was 24 years old at the time and had a high school equivalency (GED).  He served a combat tour in Iraq between December 2007 and February 2009.  His record indicates he was awarded 3 AAMs.  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 18 September 2009, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure.  

2.  On 23 September 2009, 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.  He 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.

3.  On 25 September 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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.  

4.  The separation authority waived further rehabilitation and directed the applicant’s discharge with an honorable characterization of service. 

5.  The applicant was separated on 2 October 2009, 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.  

6.  The applicant’s available record shows 1 day of lost time for AWOL.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A Company Grade Article 15, issued on 4 May 2009, for AWOL (090310-090311).  His punishment consisted of a forfeiture of $555.00 pay for one month, extra duty for 14 days, suspended, and 14 days of restriction.

2.  Several negative counseling statements covering the period 15 September 2009 through 
18 September 2009, for AWOL, revocation of pass, driving, and alcohol privileges.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 149, the Department of Veterans Affairs/medical documents, 51 pages, and a DD Form 214.



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. The applicant contends his discharge was an injustice.  He never did receive treatment for the PTSD; however, he was treated for alcoholism.  He has never had a problem with alcohol.  
However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged.  In fact, the applicant’s record shows he failed to complete ASAP.  The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for a reason change for his discharge.   

6.  The applicant provided documents from the Veterans Administration showing he was  granted a service connected disability for PTSD.  However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted.  A review of his service record contains no evidence of PTSD diagnosis.  

7.  Finally, the applicant contends that a reason change will allow him to obtain better employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

8.  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:   1 November 2013	 Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: No	

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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change
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)		AR20130005955



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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