IN THE CASE OF:	Ms. 

      BOARD DATE:  	2 December 2013

      CASE NUMBER:  	AR20130008998
___________________________________________________________________________

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 to upgrade the characterization of her service from general, under honorable conditions to fully honorable.  

2.  The applicant states, in effect, she is a hundred percent service-related disabled.  She suffers from PTSD and MST, as a result of serving in Iraq 2009/2010.  Upon returning, she self-medicated as a way of avoiding some of the things she witnessed.  She was discharged when she started having issues while at Fort Bliss, which directly related to her PTSD and MST.  Her records will show she completed several courses, including graduating from airborne training.  She is unable to travel to attend a hearing, because she is currently at a VA hospital seeking treatment.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	9 May 2013
	b.	Discharge Received:	Under Honorable Conditions, General
	c.	Date of Discharge:	24 November 2010
	d.	Reason/Authority/SPD/RE Code:	Alcohol Rehabilitation Failure, AR 635-200, Chapter 9 
			JPD, RE-4
	e.	Unit of assignment:	HHC, 123rd BSB, 4th Heavy BCT, 1AD, Fort Bliss, TX
	f.	Current Enlistment Date/Term:	8 February 2007, 5 years, 22 weeks
	g.	Current Enlistment Service:	3 years, 9 months, 17 days
	h.	Total Service:	3 years, 9 months, 17 days
	i.	Time Lost:	None 
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	92F10, Petroleum Supply Specialist
	m.	GT Score:	98
	n.	Education:	16 years
	o.	Overseas Service:	SWA
	p.	Combat Service:	Iraq (090506-100506)
	q.	Decorations/Awards:	ARCOM-2; AGCM; 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 8 February 2007, for a period of 5 years and 22 weeks.  She was 26 years old at the time of entry and had four years of college.  She served in Iraq.  She earned two ARCOM awards.  She completed 3 years, 9 months, and 17 days of active duty service.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record indicates that on 17 May 2010, the applicant was admitted to an inpatient ASAP treatment, and had returned from that treatment and started a one-year outpatient follow-up in June 2010.  

2.  On 11 October 2010, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure.  

3.  On 15 November 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure because she was enrolled in the Army Substance Abuse Program (ASAP) for alcohol dependence (100517).  During that period, she received inpatient ASAP treatment with an emphasis on relapse prevention, and then returned from her inpatient treatment in June 2010. However, the unit’s first sergeant was notified that the Soldier had an alcohol related incident over the weekend (101011). 

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

5.  On 16 November 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and elected to submit a statement on her own behalf.  The unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed action and recommended approval with an honorable discharge.  

6.  On 18 November 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 

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

8.  The applicant was separated on 24 November 2010, 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.  Article 15, dated 25 February 2009, for DUI (081013).  The punishment consisted of reduction to E-2 (suspended), forfeiture of $754, 20 days of extra duty, (FG).

2.  Four negative counseling statements, dated between 4 May 2010 and 13 October 2010, for being drunk in the barracks; overly intoxicated upon redeployment; command referral into the ASAP; drunk and disorderly while enrolled in ASAP; and driving while intoxicated.
3.  Certificate, dated 19 February 2010, indicates the applicant successfully completed ASAP.

4.  Memorandum, dated 11 October 2010, rendered by ASAP indicates the applicant was enrolled in ASAP on 17 May 2010, and determined to be an ASAP failure.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a VA rating decision, dated 7 March 2012; DA Form 638, Recommendation for Award, dated 11 October 2009, indicated she was approved for an ARCOM; and her battalion commander’s recommendation for an honorable discharge, dated 17 November 2010.

POST-SERVICE ACTIVITY: 

The applicant provided none.  

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 her discharge was carefully considered.  However, after examining the applicant’s military records, and 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 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 her problems. 

3.  The applicant contends the Veterans Administration has granted her a service connected disability for Post-Traumatic Stress Disorder (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.  Further, there are many Soldiers with the same condition who completed their service successfully.

4.  The applicant contends that she had good service which included completing several courses, including graduating from airborne training.  The applicant’s service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or and the multiple negative counseling statements and the documented action under an Article 15 of the Uniform Code of Military Justice.

5.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The character of the applicant’s discharge is commensurate with her overall service record.  Accordingly, the record shows the proper discharge and separation authority procedures were not followed in this case.

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:  2 December 2013     Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

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:	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)		AR20130008998

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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