IN THE CASE OF:  	Mr. 

      BOARD DATE:  	2 December 2013

      CASE NUMBER:  	AR20130009989
___________________________________________________________________________

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 alcohol dependence.  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, that he was improperly discharged as a result of the limited use policy under the provisions of AR 635-200, paragraph 10-12.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		20 May 2013
b. Discharge received:			General, Under Honorable Conditions  
c. Date of Discharge:			9 January 2013
d. Reason/Authority/SPD/RE:		Alcohol Rehabilitation Failure, Chapter 9, AR 635-200 					JPD, RE-4
e. Unit of assignment:			A Co, 2d Bn (Abn), 503d IN, 173d ABCT, Rear-D 						Vicenza, IT, APO AE
f. Current Enlistment Date/Term:  	2 March 2011, 3 years
g. Current Enlistment Service:  	1 year, 10 months, 8 days
h. Total Service:			5 years, 1 month, 21 days
i. Time Lost:				None
j. Previous Discharges:		RA-071119-100324/HD										USARGC-100325-110301/ND
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				88
n. Education:				HS Graduate
o. Overseas Service:			Italy
p. Combat Service:			None
q. Decorations/Awards:		ICM-w/CS, AGCM, NDSM, GWOTSM, ASR, OSR
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 19 November 2007 and served on active duty until 24 March 2010, at which time he was transferred to the USARCG.  He served in the USARCG until 1 March 2011.  The applicant reentered the Regular Army on 2 March 2011, for a period of 3 years.  He was 23 years old at the time of reentry and a high school graduate.  His record indicates he served in Iraq during his prior period of service; he received several awards to include the AGCM.  He was serving in Vicenza IT when his separation was initiated.  He completed 5 years, 1 month, and 21 days of total military service.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record indicates that on 15 October 2012, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a drug rehabilitation failure.

2.  On 11 December 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 rehabilitation failure for being determined an ASAP rehabilitation failure for arriving to his final group session on 3 October 2012 and registering a BAC of .032.

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.  On 18 December 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement on his own behalf.  The unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

5.  On 21 December 2012, 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 9 January 2013, with a characterization of service of general, under honorable conditions under the provisions of Chapter 9, AR 635-200, for being a alcohol rehabilitation failure, with a Separation Program Designator code (SPD) of JPD 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.  Article 15, imposed on 11 September 2012, for failure to go at the time prescribed to his appointed place of duty x 2 (120816 and 120827).  The punishment consisted of reduction to the grade of E-3 (suspended), forfeiture of $462.00 pay (suspended), and extra duty and restriction for 14 days (CG).

2.  A Record of Supplementary Action under Article 15, UCMJ, dated 11 October 2012, which vacates the suspension of punishment of reduction to the grade of E-3 and forfeiture of $462.00 imposed on 11 September 2012, for being found drunk while on duty (121002).

3.  A Memorandum for Commander, dated 15 October 2012, which indicates the applicant was being considered an ASAP rehabilitation failure.  Records show on 20 August 2012, the applicant self referral to the program for assessment.  He was assessed on 20 August 2012, and diagnosed with alcohol dependence at that time.  He arrived at his final group session on 3 October 2012 and registered a BAC of .032.  It was determined he would continue to be seen individually to attempt to improve his motivation for change and to aid in monitoring his use of alcohol.  

4.  Five negative counseling statements dated between 8 August 2012 and 16 October 2012, for failure to report, failure to obey an order or regulation, non promotion counseling, arriving at his ASAP appointment drunk, being an alcohol or drug abuse rehabilitation failure (Chapter 9).

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a copy of is separation packet.

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.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  

2.  After examining the applicant’s military records, the issues and documents submitted with the application, it appears the characterization of the applicant’s discharge was improper.

3.  The record confirms that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for alcohol dependence.  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.  

4.  The record shows the proper discharge and separation authority procedures were not followed in this case.

5.  Therefore, the characterization not being proper and equitable, recommend the Board grant full relief by upgrading the characterization of service to fully honorable.  However, the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review      Date:  2 December 2013      Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

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)		AR20130009989



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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