IN THE CASE OF:  	Ms. 

      BOARD DATE:  	1 November 2013

      CASE NUMBER:  	AR20130006645
___________________________________________________________________________

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 an upgrade of her discharge from general, under honorable conditions to honorable and a change to the narrative reason.

2.  The applicant states, in effect, that the incident was an isolated occurrence of underage drinking of alcohol.  During AlT, she saw a doctor in the mental health section.  She spoke of depression and anxiety and the doctor recommended attending group counseling to assist with those feelings.  She was prescribed medications (Trazadone and Clonopin (Kionopin)) for anxiety and depression.  When she got to Fort Bragg, the first sergeant informed her that because of the counseling received in AlT, she would have to enroll in ASAP.  A couple of months later, she was in the barracks with a friend having a beer when the CQ NCO noticed her drinking.  The next day, she was informed that she was being separated from the Army and out-processing began.  The character of discharge is preventing her from utilizing the benefits under the Gl Bill program, which were paid for during basic training and impairs employment opportunities. 

 DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		3 April 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			9 May 2007
d. Reason/Authority/SPD/RE:		Drug Rehabilitation Failure, Chapter 9, AR 635-200
      JPC, RE-4
e. Unit of assignment:			612th Quartermaster Company, 189th Corps Support 						Sustainment Battalion, Fort Bragg, NC
f. Current Enlistment Date/Term:  	2 February 2006, 3 years 
g. Current Enlistment Service:  	1 year, 3 months, 8 days
h. Total Service:			1 year, 3 months, 8 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	92R1P, Parachute Rigger
m. GT Score:				96
n. Education:				GED
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No




SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 2 February 2006, for a period of 3 years.  She was 19 years old at the time she joined the Army and had a high school equivalency (GED). She served 1 year and 3 months, and 8 days of a 3 year enlistment and her record documents no acts of valor or significant achievement.  When her discharge proceedings were initiated she was serving at Fort Bragg, NC.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record is void of the unit commander’s consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declaring the applicant as a rehabilitation failure.  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.

2.  On 12 April 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, for failing the ASAP.  The reason for this proposed action is that the applicant continued to use non-prescribed drugs and alcohol while enrolled in the ASAP.  

3.  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.

4.  The applicant’s election of rights is not contained in the available record.  However, the unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation with a general, under honorable conditions discharge.  

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

6.  The applicant was separated on 9 May 2007, under Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure, with a general, under honorable conditions discharge, an SPD code of JPC and a reentry code of 4.  Her DD Form 214 shows she was an E-2/PV2 at the time of her discharge.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

There are no negative counseling statements or UCMJ actions in the applicant’s record.  



EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 149, a memorandum from the Department of Veterans Affairs, dated 12 February 2013, AMHRR documents, 11 pages, 5 character reference letters, and a DD Form 214.  

POST-SERVICE ACTIVITY: 

Attending classes.

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 "JPC" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, for drug 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 her discharge was carefully considered.  However, after examining the applicant’s military records, the issues and documents submitted with the application, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant was enrolled in the 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 such a 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 her problems. 

3.  The applicant contends the event that caused her discharge from the Army was an isolated incident.  Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  

4.  The applicant desires to use the benefits of the GI Bill for college.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

5.  The applicant contends that an upgrade of her discharge will allow her to obtain better employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

6.  The applicant requests a change to the narrative reason.  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 "JPC" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, for drug rehabilitation failure.  The regulation further stipulates that no deviation is authorized.  

7.  The record shows 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:  1 November 2013      Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers:  NA 

Board Vote:
Character  	Change:  2	No Change:  3
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 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)		AR20130006645



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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