IN THE CASE OF:  	Mr.

      BOARD DATE:  	9 December 2013

      CASE NUMBER:  	AR20130008293
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board noted that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of an honorable discharge.  Accordingly, the Board voted to change the characterization of service to honorable.  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 his discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, he would like an upgrade of his discharge for the purpose of being able to receive all benefits entitled to him.  He contends his drug use was because of the pain he suffered from M/S and cancer of the kidney.  He believes he should have been medical boarded with an honorable discharge.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		30 April 2013
b. Discharge received:			General, Under Honorable Conditions  
c. Date of Discharge:			21 May 2010
d. Reason/Authority/SPD/RE:		Drug Rehabilitation Failure, Chapter 9, AR 635-200 						JPC, RE-4
e. Unit of assignment:			A Co, WTB, Fort Richardson, AK
f. Current Enlistment Date/Term:  	24 September 2008, 3 years and 2 weeks
g. Current Enlistment Service:  	1 year, 7 months, 28 days
h. Total Service:			4 years, 7 months, 26 days
i. Time Lost:				None
j. Previous Discharges:		ARNG-050926-051019/NA										ADT-051020-060224/HD										ARNG-060225-060630/NA										OAD-060701-070817/HD										ARNG-070818-080923/HD										   (Concurrent Service)
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	88M10, Motor Transport Operator
m. GT Score:				103
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (060920-070509) and Afghanistan (090215-						091003)
q. Decorations/Awards:		ARCOM, ACM-w/CS, ICM-w/CS, NDSM, GWOTEM						ASR, AFRM-w/M Device, NATOMDL, CAB
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		Yes
a. Prior Board Review:			No





SUMMARY OF SERVICE:

The applicant enlisted in the Army National Guard on 26 September 2005, for a period of        8 years.  After serving 2 years, 11 months, and 28 days, on 23 September 2008, he was discharged for enlistment in the Regular Army.  The applicant enlisted in the Regular Army on 24 September 2008, for a period of 3 years and 2 weeks.  He was 27 years old at the time of entry and a high school graduate.  His record indicates he served a period of combat in Iraq and another in Afghanistan; achieved the rank of E-3; and received several awards to include an ARCOM and the CAB.  He was serving at Fort Richardson, AK when his separation was initiated.  He completed 4 years, 7 months, and 26 days of total military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record indicates that on 8 January 2010, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a drug rehabilitation failure.

2.  On 28 April 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, paragraph 9-2, 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 other than honorable conditions.

4.  The applicant's record contains an election of rights memorandum, dated 5 May 2010, which was signed by the applicant.  The document does not indicate the applicant's requested election; however, the presumption of government regularity prevails in the discharge process.    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.  

5.  On 13 May 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a general, under honorable conditions characterization of service. 

6.  The applicant was discharged from the Army on 21 May 2010, with a characterization of service of general, under honorable conditions under the provisions of Chapter 9, AR 635-200, for being a drug rehabilitation failure, with a Separation Program Designator code (SPD) of JPC and an 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.  A Memorandum for Record, dated 8 January 2010, which indicates the applicant was being considered a drug rehabilitation failure.  Records show on 29 October 2009, the applicant self referral for the use of cocaine.  During his stay in the inpatient treatment facility he had numerous behavioral and drug abuse issues and was discharge early due to the use of prescription medication that was not prescribed to him.

2.  SCM, dated 22 April 2010, for failure to go at the prescribed time to his appointed place of duty x3, wrongful use of marijuana x2 between (100102 and 100202 and on 100126), wrongful use of cocaine between (100126 and 100202), and wrongful possession of approximately       5 grams of marijuana (100226).  The punishment consisted of reduction to the grade of E-1, forfeiture of $964.00 for 1 month, and confinement for 30 days.

3.  A counseling statement dated 21 January 2010, concerning recommendation for separation under the provision of Chapter 9.

4.  A Report of Behavioral Health Evaluation, dated 24 February 2010, which indicates the applicant was diagnosed with cannabis dependence, cocaine dependence, in early full remission; R/O Bipolar D/O NOS; R/O PTSD; R/O ADHD.  The evaluation also indicates the applicant had the mental capacity to understand and participate in the proceedings, was mentally responsible, and that the applicant was cleared for administrative action as requested by the command.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a copy of his medical records from the Department of Veterans Affairs.

POST-SERVICE ACTIVITY: 

None were 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 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

5.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

DISCUSSION AND RECOMMENDATION:

1.  After a careful review of all the applicant’s military records, the issues and documents submitted with the application, the characterization of service appears to be improper.  

2.  The record confirms the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse.  This is limited use information as defined in AR 600-85.  Use of this information 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: Record Review      Date:  9 December 2013      Location: Washington, DC

Did the Applicant Testify?  No

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)		AR20130008293



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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