IN THE CASE OF:  	

      BOARD DATE:  	23 October 2013

      CASE NUMBER:  	AR20130007898
___________________________________________________________________________

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 his discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of being able to attend underwater welding school using his GI Bill benefits.  He contends he failed the ASAP program because his wife was cheating on him while he was deployed to Afghanistan.  He had a lot of problems after his return so he wanted to get out of the Army and spend some time with his family.  He contends he failed the program on purpose so he could be separated.  He's now doing much better and would like the opportunity to go to college. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 April 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			9 March 2012
d. Reason/Authority/SPD/RE:		Alcohol Rehabilitation Failure, AR 635-200							Chapter 9, JPD, RE-4
e. Unit of assignment:			B Co, 94th BSB, 4th BCT, Fort Polk, LA
f. Current Enlistment Date/Term:	28 January 2010, 3 years
g. Current Enlistment Service:	2 years, 1 month, 15 days
h. Total Service:			4 years, 1 month, 3 days
i. Time Lost:				None
j. Previous Discharges:		USAR-080207-080225/NA										ADT-080326-080916/HD										USAR-080917-100127/NA
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	91E10, Metal Worker
m. GT Score:				96
n. Education:				GED
o. Overseas Service:			Southwest Asia
p. Combat Service:			Afghanistan (101020-111020)
q. Decorations/Awards:		ARCOM, AAM-3, ACM-w/2CS, NDSM, GWOTSM 						ASR, OSR, NATOMDL
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No


SUMMARY OF SERVICE:	

After serving 1 year, 11 months, and 21 days in the United States Army Reserve, the applicant enlisted in the Regular Army on 28 January 2010, for a period of 3 years.  He was 20 years old at the time of entry and had a high school equivalency (GED).  His record indicates he served a tour of combat in Afghanistan.  He achieved the rank of E-4/SPC and earned several awards to include an ARCOM and three AAM's.  He was serving at Fort Polk, LA when his discharge was initiated.  He completed 4 years, 1 month, and 3 days of total military service.  His DD Form 214 under review reads in block 12c as Net Active Service this Period:  2 years, 1 month, and 15 days; however, the entry should read 2 years, 1 month, and 12 days based on his enlistment contract and discharge orders.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record indicates that on 13 February 2012, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure.  

2.  On 23 February 2012, 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 general, under honorable conditions and waiver of any additional rehabilitation measures.

4.  The applicant’s election of rights is not contained in the available record.  However, the acknowledgement of receipt memorandum the applicant signed on 23 February 2012 indicates he understood that unless an extension was granted, failure to respond within 7 duty days would constitute a waiver of the rights in his notification memorandum.  The unit commander subsequently recommended separation from the Army.  

5.  The separation authority waived further rehabilitation and directed the applicant’s discharge with a general, under honorable characterization of service. 

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

7.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Four negative counseling statements dated between 12 January 2012 and 9 February 2012, for concerns about his appearance, larceny of AAFES property, failure to obey general orders, assault on military law enforcement, child neglect/endangerment, failure to report, and failure to make appointments. Also included in the record, is a report of mental status evaluation citing alcohol abuse and sworn statements for larceny. 

2.  There are no actions under the Uniform Code of Military Justice in the record.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application.

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.  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 military records, the issues and document 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 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 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 his problems. 

3.  The applicant contends his failure of the ASAP program was associated with family issues between him and his wife.  However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before deciding to intently fail out of a program that was intended to help him.  

4.  The records show the proper discharge and separation authority procedures were followed in this case.  

5.  The applicant expressed his desire 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.

6.  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:  23 October 2013     Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

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 Authority for Separation:		No Change
Change RE Code to:			No Change
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)		AR20130007898



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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