IN THE CASE OF:	Mr. 

      BOARD DATE:	4 December 2013

      CASE NUMBER:	AR20130009469
___________________________________________________________________________

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

2.  The applicant states, in effect, he successfully completed his first term of enlistment with a 12-month deployment to Afghanistan and performed as an exemplary Soldier.  He was discharged because of two minor drinking incidents in Germany.  They characterized him as an alcoholic.  He has been sober and working as a personal fitness trainer since his discharge.  He would like to further his education so he can finish paying off what he owes the government and to be a better working member of society outside the military.  Not having an honorable discharge has been hurting his reputation at work and he believes he earned the honorable title.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	16 May 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	11 August 2012
	d.	Reason/Authority/SPD/RE Code:	Pattern of Misconduct, AR 635-200, Paragraph 14-
			12b, JKA, RE-3
	e.	Unit of assignment:	HHC, 40th Engr Bn, 170th IN BCT, Baumholder 
			Germany
	f.	Current Enlistment Date/Term:	25 January 2012, 5 years
	g.	Current Enlistment Service:	0 years, 6 months, 17 days
	h.	Total Service:	3 years, 5 months, 8 days
	i.	Time Lost:	None
	j.	Previous Discharges:	RA (090304-120124) / HD
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	12B10, Combat Engineer
	m.	GT Score:	99
	n.	Education:	GED
	o.	Overseas Service:	Germany, SWA
	p.	Combat Service:	Afghanistan (110222-120216)
	q.	Decorations/Awards:	ARCOM; AAM; AGCM; NDSM; ACM-2CS 
			GWOTSM; ASR; OSR-2; NATO MDL
	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 4 March 2009, and reenlisted on 25 January 2012, for a period of 5 years.  He was 20 years old at the time of entry and had a high school equivalency (GED).  He served in Germany and Afghanistan.  He earned an ARCOM and an AAM.  He completed 3 years, 5 months, and 8 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 2 July 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct.  Specifically for:

	a.	receiving a FG Article 15 (120509), for failing to be at his appointed place of duty, and for wrongful previous overindulgence of intoxicating liquor, which incapacitated him for the proper performance of his duties, and

	b.	receiving a CG Article 15 (110131), for being drunk and disorderly, and committing an assault.

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.

3.  On 2 July 2012, 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 and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

4.  On 17 July 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

5.  The applicant was discharged from the Army on 11 Aug 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for pattern of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 9 May 2012, for failing to go to his appointed place of duty (120418), incapacitated for duty due to overindulgence of intoxicating liquor (120418).  The punishment consisted of reduction to the grade of E-2, forfeiture of $835 per month for two months (one month suspended), 45 days of extra duty and restriction, (FG). 

2.  Article 15, dated 31 January 2011, for assaulting an enlisted Soldier (101126), being drunk and disorderly (101126).  The punishment consisted of reduction to E-2, forfeiture of $383, extra duty and restriction for 14 days, oral reprimand, (CG).

3.  Seven negative counseling statements, dated between 5 June 2010 and 30 April 2012, for being processed for involuntary separation; being involved in an alcohol-related incident; hazing a new Soldier; disobeying an order; inability to consume alcohol is a safe manner; and being intoxicated and incapacitated for duty.

4.  DA Form 8003, Army Substance Abuse Program (ASAP) Enrollment, dated 27 February 2012, indicates the applicant was command-referred.

5.  DA Form 8003, Army Substance Abuse Program (ASAP) Enrollment, dated 9 September 2010, indicated the applicant self-referred for the program.

6.  An MP Report, dated 20 April 2012, indicates the applicant was the subject of an investigation for being drunk on duty and unable to perform duties, supplemented with a memorandum for record, dated 19 April 2012, subject: Reasonable Evidence of Intoxication on Duty, and DD Form 1920, Alcohol Incident Report.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a certificate, dated 31 December 2012, for completing “Certified Fitness Trainer” course.

POST-SERVICE ACTIVITY: 

The applicant states, in effect, since his discharge, he has been sober and is employed as a personal fitness trainer.  

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted.   

2.  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.

3.  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 issue and document 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 discharge.  Accordingly, the Board voted to change the characterization of service to honorable.   

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:  Records Review     Date:  4 December 2013     Location:  Washington, DC

Did the Applicant Testify?  NA 

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)		AR20130009469

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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