IN THE CASE OF:	Mr. 

      BOARD DATE:	31 January 2014

      CASE NUMBER:	AR20130014703
___________________________________________________________________________

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

2.  The applicant states, in effect, his request is based on a strong desire to return to active duty, so he can once again serve and represent this great nation in a military uniform.  He has successfully completed a 30-day inpatient rehabilitation as shown by the discharge summary report he attached.  

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	12 August 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	26 August 2011
	d.	Reason/Authority/SPD/RE Code:	Alcohol Rehabilitation Failure, AR 635-200, Chapter 9 
			JPD, RE-4
	e.	Unit of assignment:	F Trp, 2nd Sqdn, 11th ACR, Fort Irwin, GA
	f.	Current Enlistment Date/Term:	11 May 2010, 3 years, 15 weeks
	g.	Current Enlistment Service:	1 year, 3 months, 16 days
	h.	Total Service:	1 year, 7 months, 22 days
	i.	Time Lost:	None
	j.	Previous Discharges:	ARNG (100105-100510) / HD
	k.	Highest Grade Achieved:	E-3
	l.	Military Occupational Specialty:	11B10, Infantryman
	m.	GT Score:	NIF
	n.	Education:	GED
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	NDSM; GWOTSM; ASR
	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 11 May 2010, for a period of 3 years and 15 weeks.  He was 17 years old at the time of entry and had a high school equivalency (GED).  He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman.  His record documents no acts of valor or significant achievement.  He completed 1 year, 7 months, and 22 days of active duty and reserve service.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record indicates that on 18 May 2011, the applicant was command-referred to the Army Drug and Alcohol Prevention Training.  

2.  On 11 July 2011, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure.  

3.  On 22 July 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9-2, AR 635-200, by reason of alcohol rehabilitation failure because it was determined further rehabilitative efforts/attempts were not practical, that he received a FG Article 15 (110526) for a previous wrongful overindulgence of alcohol and a CG Article 15 (110128) for unlawfully entering another Soldier’s barracks room. 

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

5.  On 26 July 2011, the applicant waived 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.  

6.  On 9 August 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 

7.  The applicant was separated on 26 August 2011, under the provisions of Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure, with a general, under honorable conditions discharge, an SPD code of JPD and a reentry code of 4.  

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 26 May 2011, for being incapacitated for the proper performance of his duties by previously overindulging in intoxicating liquor or drugs (110502).  The punishment consisted of reduction to the grade of E-1, forfeiture of $733 per month for two months, 45 days of extra duty and restriction, (FG). 

2.  Article 15, dated 28 January 2011, for unlawfully entering barracks room of PFC B with intent to steal a bottle of Jack Daniels alcohol (101014).  The punishment consisted of reduction to the grade of E-2 (suspended), forfeiture of $378 (suspended), 14 days of extra duty and restriction, (CG).
      
3.  One negative counseling statement, dated 3 May 2011, for failing to report to his appointed place of duty at the prescribed time.

4.  Memorandum, dated 11 July 2011, subject: Summary Rehabilitation Efforts of [the applicant], provides information on the applicant’s command-referral into the ASAP for alcohol abuse related misconduct, his struggle with abstinence during enrollment, his prognosis for continued abstinence and sobriety while on active duty was determined to be poor, and declaring him a rehabilitation failure.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a discharge summary report, dated 31 July 2013, regarding his residential substance abuse treatment and a certificate, dated 31 July 2013, indicating he completed the residential treatment program.

POST-SERVICE ACTIVITY: 

The applicant states, in effect, he successfully completed an inpatient treatment program.  

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.  Furthermore, the applicant by violating the Army's policy not to abuse alcohol, compromised the special trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's alcohol abuse policies.  By abusing alcohol, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge.  Further, the applicant’s record of service was marred by two separate Article 15 actions for violation of the Uniform Code of Military Justice.

3.  The applicant desires to rejoin the Military 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 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.  The character of the applicant’s discharge is commensurate with his overall service record.  Accordingly, 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:  31 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)		AR20130014703

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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