Applicant Name: ????? Application Receipt Date: 2010/02/25 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I was deployed from March 2008 to March 2009. I am attempting to obtain an honorable discharge for serving my country in a time of war. As well as for mine, and my families sacrifes for the defence (sic) of freedom." 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: NIF Discharge Received: Date: 091001 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: Co B, 1st BN, 506th Inf Reg, 4th BCT, Ft. Campbell, KY Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: 070928 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 0 Mos, 4 Days ????? Total Service: 2 Yrs, 0 Mos, 4 Days ????? Previous Discharges: ????? Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: NIF EDU: NIF Overseas: Afghanistan Combat: Afghanistan (080411-090327) Decorations/Awards: ACMw/BSS. ARCOM, NDSM, GWOTSM, ASR, OSR V. Post-Discharge Activity City, State: Conroe, TX Post Service Accomplishments: None Listed. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army. However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant's signature. His DD Form 214 indicates he was discharged under the provisions of Chapter 9, AR 635-200, for alcohol rehabilitation failure. Furthermore, the DD Form 214 shows a Separation Code of JPD (i.e., alcohol rehabilitation failure), with a reentry eligibility (RE) code of 3. The applicant's official record contains a General Officer Memorandum of Reprimand (GOMOR), dated 2 July 2009, for refusing to take a lawfully requested test to measure alcohol content. 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 available military records, and the issue he submitted, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The only pertinent evidence available for review regarding the applicant's discharge is the DD Form 214, Certificate of Release or Discharge from Active Duty, which was digitally authenticated by the applicant. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 9, AR 635-200, for alcohol rehabilitation failure. For this type of discharge, the applicant would have been enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ASAP) and would have been 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. Inasmuch as the applicant's official record is void of the circumstances leading to his discharge, it is presumed that he was identified as a rehabilitation failure subsequent to his enrollment in the ASAP. Therefore, it is also presumed that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems, and chose not to avail himself of this opportunity. The applicant's contention that his discharge should be characterized as honorable based on his service in Afghanistan was carefully considered. However, there is insufficient evidence available in his official record to make a determination upon the applicant's quality of service. Further, there is a presumption of regularity in the conduct of governmental affairs. This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support the characterization of service he was granted. The applicant’s statement alone does not overcome the presumption of government regularity in this case and he provided no documentation or further evidence in support of his request for an upgrade his discharge. Further, notwithstanding the propriety of the applicant's discharge, the analyst determined that the applicant was incorrectly assigned a reentry eligibility (RE) code of “3”. Therefore, the analyst recommends the reentry eligibility code be administratively changed to RE-4. Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst found 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: 13 December 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293 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. Notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as “3.” In view of this error, the Board voted to administratively change block 27, reentry code to “4." Except for the foregoing modifications, the Board determined the discharge was both proper and equitable and voted not to change it. 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: Change Block 27, RE code to RE-4. RE Code: Grade Restoration: No Yes Grade: Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100009248 ______________________________________________________________________________ Page 1 of 3 pages