Applicant Name: ????? Application Receipt Date: 2009/06/04 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states:" First, let me thank you or to whom this may concern for your time. My question that I ask today is for my re-entry code eligibility is chang from none eligible to eligible. I made a lot of mistakes in the past because of immaturity and ignorance. I was young and ignorant to alcohol. I have since enrolled myself in treatment, and have finally removed from back. Since completion of treatment, I have enrolled and completed a diploma program for Heating Ventilation and Air Conditioning with a 4.0 at Everest University in Jacksonville Florida. I would like the code changed for personal reasons that can be responde to upon request or better elaborated on if need be at a later date." II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 021018 Discharge Received: Date: 030115 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: F Co, 58th Aviation Regt, Ft Rucker, AL Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 000906 Current ENL Term: 4 Years ????? Current ENL Service: 02 Yrs, 04Mos, 10Days ????? Total Service: 02 Yrs, 04Mos, 10Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 35D10 ATC Equip Rep GT: 104 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Jacksonville, FL Post Service Accomplishments: The applicant states that since completion of treatment, he has enrolled and completed a diploma program for Heating Ventilation and Air Conditioning with a 4.0 at Everest University in Jacksonville Florida. He provides no documents with his application. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record indicates that on 30 September 2002, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure. On 18 October 2002, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of drug rehabilitation/ASAP failure, with a honorable discharge. He was advised of his rights. The applicant consulted with legal counsel and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a honorable discharge. On 6 January 2003, the separation authority directed that the applicant be discharged with a honorable discharge. b. Legal Basis for Separation: Army Regulation 635-200 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. A member who has been referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcohol/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, under honorable conditions 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 military records, and the issue he submitted, the analyst found no mitigating factors that would merit any change in the reason for the applicant's discharge. The analyst noted that the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program 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 that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. Furthermore, the analyst noted that the applicant met entrance qualification standards to include age. There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 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. The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application. However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 19 February 2010 Location: Washington DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. 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 discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090019642 ______________________________________________________________________________ Page 1 of 3 pages