IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 May 2014

      CASE NUMBER:  	AR20130014476
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the examiner’s Discussion and Recommendation which follows, the Board determined the narrative reason for 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 a change to the narrative reason for separation.

2.  The applicant states, in effect, he was not enrolled in and did not fail (ASAP) Alcohol Rehabilitation.  Please refer to the attachments (sequence of events) for justification and as supporting documents of proof.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		5 August 2013
b. Discharge received:			Honorable
c. Date of Discharge:			8 March 2013
d. Reason/Authority/SPD/RE:		Alcohol Rehabilitation Failure, Chapter 9,                						AR 635-200, JPD, RE-4
e. Unit of assignment:			E Co, 123rd Brigade Support Battalion, Fort Bliss, 						TX
f. Current Enlistment Date/Term:  	13 November 2012, 4 years
g. Current Enlistment Service:  	4 years, 10 months, 22 days
h. Total Service:			9 years, 10 months, 9 days
i. Time Lost:				None
j. Previous Discharges:		RA (030430-070321)/HD										RA (070322-081020)/HD										RA (081021-121112)/HD
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	91H20, Track Vehicle Repairer
m. GT Score:				103
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq x 3 (091215-101201) (040210-050306), 							(071029-090228)
q. Decorations/Awards:		ARCOM-3, AAM-2, AGCM-3, NDSM, ICM-W/4 CS, 						GWOTSM, NPDR, ASR, OSR-3
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		No
u. Prior Board Review:			No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 30 April 2003, for a period of 5 years.  He was 20 years old at the time of entry and a HS Graduate.  He was trained in and awarded military occupational specialty (MOS) 91H20, Track Vehicle Repairer.  He reenlisted on 22 March 2007, for a period of 3 years and was 24 years old at the time.  His last reenlistment on          13 November 2012 was for a period of 4 years and was he 29 years old at the time.  His record also shows that he served three combat tours and earned several awards including an ARCOM-3, AAM-2, AGCM-3; and he achieved the rank of SGT/E-5.  He was serving at Fort Bliss, TX when his discharge was initiated.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The memorandum which shows the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declaring the applicant a rehabilitation failure and the separation authority’s documentation that directed the applicant’s discharge is not contained in the available record and government regularity is presumed in the discharge process.  

2.  The applicant submitted his discharge packet as evidence that shows on 19 February 2013, 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 a rehabilitation failure.

3.  The unit commander advised the applicant of his rights and recommended his discharge from the Army with a characterization of service as honorable.

4.  On 20 February 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service of no less favorable than honorable, and did not indicate if a statement was or not submitted on his behalf.  The unit commander subsequently recommended separation from the Army.

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

6.  On 5 March 2013, DA US Army Installation Management Command, HQS, US Army Garrison, Fort Bliss, TX, Orders Number 064-0108, discharged the applicant from the Army effective 8 March 2013.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains a DA Form 1059 (Service School Academic Evaluation Report), dated 6 December 2012, the applicant failed to achieve course standards.

2.  Discharge Orders 064-0108, dated 5 March 2013.

3.  DD Form 214, dated 8 March 2013






EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149, a sequence of events (3 pages), attachment 1 and 2, memoranda, facts pertaining to the applicant, attachment 3, DD Form 214, US District Court, Eastern District of Virginia documents (3 pages), Durable Power of Attorney (11 pages), a Special Power of Attorney, (6 pages), and the Chapter 9 discharge packet.

POST-SERVICE ACTIVITY: 

The applicant did not provide any information with 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.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason for separation was carefully considered.  However, after examining the applicant’s military records, his record of service, the issues and documents submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for separation.  

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 requested a change to the narrative reason for separation.  However, 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 drug rehabilitation failure.  The regulation further stipulates that no deviation is authorized.  

4.  The applicant contends he was not enrolled in and did not fail (ASAP) Alcohol Rehabilitation.  The evidence of record shows on 26 November 201, in a counseling statement the applicant informed his platoon sergeant that he was arrested for driving under the influence on 22 November 2012. 

5.  There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged.  

6.  Further, 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.

7.  The records show the proper discharge and separation authority procedures were followed in this case.

8.  Therefore, the reason for discharge being both proper and equitable, the analyst recommends the Board deny relief.













SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review         Date:  21 May 2014          Location: Washington, DC

Did the Applicant Testify:  NA

Counsel:  Yes [redacted]

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)		AR20130014476



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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