IN THE CASE OF:  	Mr. 

      BOARD DATE:  	2 April 2014

      CASE NUMBER:  	AR20130013115
___________________________________________________________________________

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 discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, he requests an upgrade of his discharge because he completed the alcohol rehabilitation program and received a certificate of completion.  He would also like an upgrade of his discharge to pursue reenlistment.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		16 July 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			10 September 2012
d. Reason/Authority/SPD/RE:		Alcohol Rehabilitation Failure, Chapter 9
      AR 635-200, JPD, RE-4
e. Unit of assignment:			Rear Detachment, 3-509th Infantry 4th Brigade 						Combat Team (Airborne), Joint Base Elmendorf-						Richardson, AK
f. Current Enlistment Date/Term:  	27 October 2010, 3 years and 21 weeks
g. Current Enlistment Service:  	1 year, 10 months, 14 days
h. Total Service:			2 years, 3 months, 14 days
i. Time Lost:				USAR-100527-101026)/NA
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	11B1P, Infantryman
m. GT Score:				99
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Afghanistan (111218-120201)
q. Decorations/Awards:		NDSM, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 27 October 2010, for a period of 3 years and 21 weeks.  He was 20 years old at the time of entry and a HS Graduate.  He was trained in and awarded military occupational specialty (MOS) 11B1P, Infantryman.  His record shows he did not earn any awards for acts of valor or meritorious achievements; and he achieved the rank of PFC/E-3.  He was serving at Joint Base Elmendorf-Richardson, AK when his discharge was initiated.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 6 July 2012, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure.  

2.  On 25 July 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 or other drug rehabilitation failure for being enrolled in ASAP for alcohol abuse and failing to demonstrate commitment to his treatment for alcohol abuse on 19 April 2012.

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

4.  On 30 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.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

5.  On 15 August 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 

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

7.  The applicant was separated on 10 September 2012, under Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure, with a general, under honorable conditions discharge, a SPD code of JPD and a reentry code of 4.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An Article 15, dated 9 July 2012 for failing to report, and disobeying a lawful order x 6; the punishment consisted of reduction to E-1, forfeiture of $745 pay x 2 months, and extra duty for 30 days, (FG).  However, this document is not contained in the available record, see unit commander’s recommendation memorandum.

2.  An Article 15, dated 11 May 2012 for failing to report, and disobeying a lawful order; the punishment consisted of reduction to E-2 (suspended), forfeiture of $389 pay (suspended), and extra duty for 14 days, and restriction for 14 days (CG).  However, this document is not contained in the available record, see unit commander’s recommendation memorandum.

3.  The record contains an administrative General Officer Memorandum of Reprimand (GOMOR), dated 21 March 2012 for driving under the influence of alcohol.

4.  An Anchorage Police Department Report, dated 14 April 2012, indicated the applicant was arrested for driving under the influence of alcohol (DUI).

5.  The record also contains a memorandum, dated 6 July 2012 which indicated the applicant was a rehabilitation failure.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a certificate of completion, risk reduction program, alcohol drug abuse prevention and training.

POST-SERVICE ACTIVITY:

The applicant did not provide any with his application.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200, Chapter 9 sets forth the basic authority for the separation of enlisted personnel and 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.

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 are 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.

3.  The evidence of record confirms the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems.  The general, under honorable conditions discharge was appropriate because the quality of his service was not consistent with the Army standards for acceptable personal conduct and performance of duty by military personnel.

4.  The applicant contends he requests an upgrade of his discharge because he completed the alcohol rehabilitation program and received a certificate of completion.  The evidence of record shows the applicant was scheduled to attend a two-day prime for life alcohol and drug education class and failed to complete the class as scheduled.  This exhibited behavior indicates that the applicant has not used the treatment tools made available to him, and his prognosis for successful completion of the program was poor.

5.  The applicant would also like an upgrade of his discharge to pursue reenlistment.  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. 

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 April 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)		AR20130013115



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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