IN THE CASE OF:  	Mr.

      BOARD DATE:  	22 January 2014

      CASE NUMBER:  	AR20130011572
___________________________________________________________________________

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 general, under honorable conditions discharge to honorable and change to the reentry code.

2.  The applicant states, in effect, he would like to reenlist in the military.  He believes he was unlawfully imprisoned and mistreated because of his Native American Heritage.  He contends he was falsely accused of having drug paraphernalia which were actually ceremonial pipes. He did not receive any action under Article 15 of the Uniform Code of Military Justice for the incident.  At the time, he was enrolled in the Army Substance Abuse Program (ASAP) for underage drinking and because of the incident he stopped attending treatment.  He was declared a alcohol rehabilitation failure and discharged.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			17 June 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				1 June 2010
d. Reason/Authority/SPD/RE Code:		Alcohol Rehabilitation Failure, AR 635-200,
Chapter 9, JPD, RE-4
e. Unit of assignment:				Bravo Battery, 4th Battalion, 1st Field Artillery,
Fort Bliss, TX
f. Current Enlistment Date/Term:		20 January 2009/3 years, 18 weeks
g. Current Enlistment Service:		1 year, 4 months, 12 days
h. Total Service:				1 year, 4 months, 12 days
i. Time Lost:					None
j. Previous Discharges:			No
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		13B10, Cannon Crewmember
m. GT Score:					105
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			AAM, NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		NA
s. Performance Ratings:			NA
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 20 January 2009 for a period of 3 years and 18 weeks.  He was 20 years old at the time of entry and a high school graduate.  His earned an AAM and completed 1 year, 4 months, and 12 days of active duty service.  When his discharge proceedings were initiated, he was serving at Fort Bliss, Texas.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 28 April 2010, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200 Chapter 9, alcohol or other drug abuse rehabilitation failure, specifically for failing to adhere to his established treatment plan by failing to make satisfactory progress scheduled by the ASAP and unable to remain free from abuse of alcohol.

2.  Based on the above, the commander recommended a general, under honorable conditions discharge.

3.  On 7 May 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in 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 13 May 2010, 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 separated on 1 June 2010, under Army Regulation 635-200, Chapter 9, with a general, under honorable conditions discharge, an SPD code of JPD, and an RE code of 4.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A memorandum from Mr. M, William Beaumont Army Medical Center, El Paso, Texas, dated 19 February 2010, indicating the applicant was determined to be a rehabilitation failure.

2.  DA Form 4466 (Patient Progress Report), dated 19 February 2010, indicates the applicant was released from ASAP due to unsatisfactory performance and the purpose of separation was alcohol/drug abuse rehabilitation failure.

3.  Article 15, dated 17 August 2009, for wrongful consumption of alcohol while under the age of 21, resulting in a blood alcohol content (BAC) of 0.196.  The punishment consisted of forfeiture of $326 pay per month for one month (suspended), to be automatically remitted if not vacated before 13 February 2010, extra duty and restriction for 7 days (CG).
      
4.  A negative counseling statements dated 29 June 2009, for underage drinking.
      
      
EVIDENCE SUBMITTED BY THE APPLICANT:

1.  The applicant provided an online application, dated 31 May 2013, a undated self-authored statement, a DD Form 214, a copy of Indiana drivers license, a Certificate of Navajo Indian Blood, dated 30 December 2008, a identification card from the Native American Church of South Dakota, excerpts from the American Indian Religious Freedom Act, a memorandum from Headquarters, US Army Garrison, Fort Bliss, Freedom of Information Office, dated 
15 December 2011, a receipt for inmate or detained person, dated 1 October 2009, DA Form 3881, dated 1 October 2009, DA Form 2823, dated 1 October 2009, three mug shot photos of the applicant, evidence photos, government identification card of the applicant, Arizona identification/drivers license, printout of crime records service, dated 1 October 2009, police dispatch, dated 1 October 2009, and Directorate of Emergency Services Police Operations MPR# 03378-2009.

2.  The applicant provided three letters of support from 1SG (Retired) D, Mr. K, and Mr. D.  

     a.  A letter from 1SG (Retired) D, stated in effect, he was the applicant’s 1SG prior to his separation.  He contends during a health and welfare check, a pipe was found in the applicant’s barracks room and before realizing it was a ceremonial pipe from his Native American culture he was charged with drug paraphernalia.  He believes because of this incident, the applicant became upset with the military system causing him to fail ASAP.  He stated the applicant was considered a rehabilitation failure due to non-attendance.  He supports the applicant’s request to reenlist in the military and felt a mistake was made when he was discharged from the military.

     b.   A letter from Mr. K, stated in effect, he has known the applicant for two years and supports the applicant’s request for upgrade of his characterization and reentry into the military.  He stated the applicant is a devoted father and is respectful, courteous, honest and dependable.  

     c.  A letter from Mr. D, stated in effect, he supports the applicant’s request for upgrade of his discharge and reentry into the military.  He stated he is the spiritual leader and supervisor of the Native American Church of Indiana, where the applicant is a member.  He stated the applicant has very high moral character and is highly respected in the community. 

POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of his 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 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 his problems. 

3.  The applicant has expressed his desire to rejoin the Service.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 4.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 

4.  The record shows the proper discharge and separation authority procedures were followed in this case.

5.  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:  22 January 2014     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)		AR20130011572



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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