Applicant Name: ????? Application Receipt Date: 070720 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 011121 Chapter: 9 AR: 635-200 Reason: Drug Rehabilitation Failure RE: SPD: JPC Unit/Location: A Co, 317th Eng CMBT, Fort Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Year/Month: 1978/12 HOR City, State: Great Falls, MT Current ENL Date: 990915 Current ENL Term: 03 Years ????? Current ENL Service: 02 Yrs, 02Mos, 07Days ????? Total Service: 02 Yrs, 02Mos, 07Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 12B10/Combat Engineer GT: 98 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ASR, Cert/Ach-2 V. Post-Discharge Activity Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant’s discharge from the Regular Army are not contained in the available records. However, the record does contain a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 9, AR 635-200, by reason of drug rehabilitation failure, with a characterization of service of honorable. Furthermore, the DD Form 214 shows a Separation Code of JPC, drug rehabilitation failure, with a reentry eligibility (RE) code of "4." The evidence of record shows that on 14 November 2001, Orders 318-2213, DA, HQ, United States Infantry Center, Fort Benning, GA, discharged the applicant from the Regular Army, effective date: 21 November 2001. The applicant's record contains a Administrative Reprimand dated 11 April 2001 for driving under the influence of alcohol and refusing a lawfully requested test. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse. 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. Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. However, an honorable discharge is required if restricted use information is used in the discharge process. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records for the period of enlistment under review, documents, the issues he submitted, the analyst recommends that relief be denied in this case. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214, which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 9, AR 635-200, by reason of drug rehabilitation failure, with a characterization of service of honorable. In the absence of information to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, the analyst noted the applicant's issue, however, the narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 9, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this Chapter is "Drug Rehabilitation Failure", and the separation code is "JPC." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 23 July 2008 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 0 No change 0 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge was both proper and equitable, and voted to deny relief. X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 25 July 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070009995 ______________________________________________________________________ Page 1 of 6 pages