Applicant Name: ????? Application Receipt Date: 2011/09/23 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests his RE Code be upgraded to allow him to rejoin the U.S. Army or U.S. Army Reserves. He states that he served honorably for four years. He contends that he joined the Army at the young age of 18 and wanted to make a better life for his family. He has matured and regrets the bad decisions he made to this day. The applicant contends that he became very depressed as a result of missing his daughter and began to self-medicate through substance abuse. He states that he is over one year sober and working a full time job. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: Yes See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 100803 Discharge Received: Date: 100805 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: HHC, 1st Bn, 18th Inf Regt, Fort Riley, KS 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: 21 Current ENL Date: 081109 Current ENL Term: 05 Years ????? Current ENL Service: 01 Yrs, 08 Mos, 28 Days ????? Total Service: 04 Yrs, 03 Mos, 17 Days ????? Previous Discharges: RA 060419-081108/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 19D10/Calvery Scout GT: 94 EDU: GED Overseas: SWA Combat: Iraq (081001-090723) Decorations/Awards: ARCOM, AAM, AGCM, NDSM, KDSM, ICM-CS, ASR, OSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: Sober for more than one year and working full time. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record indicates that on 16 July 2010, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant a rehabilitation failure. On 3 August 2010, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of alcohol rehabilitation/ASAP failure, with a general, under honorable conditions discharges. He was advised of his rights. On 3 August 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army with a general, under honorable conditions discharge. On 3 August 2010, the separation authority approved the separation action and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 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 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, 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 for the period of enlistment under review and the issues and documents he submitted, the analyst determined that the discharge is improper. The analyst noted that the applicant was separated under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure, with a general, under honorable conditions discharge. However, Army Regulation 635-200, paragraph 1-19c, stipulates that commanders who are special court-martial convening authorities are authorized to approve or disapprove separation on chapters 5, 6, 7, 8, 9, 11, 13, 16, and 18 when the issuance of a characterization of service under other than honorable conditions is not warranted. This authority does not include officers in the grade of MAJ (O-4) or below, who are acting commanders. The record indicates that on 3 August 2010, the separation authority in the grade of MAJ acting on assumption of command orders approved the separation action and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. In view of the foregoing, the analyst recommends that relief be granted in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority under provision of Chapter 5, AR 635-200, with a corresponding SPD Code of "JFF" (Involuntary Discharge). This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 6 August 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated, 20 September 2011, DD Form 214, letters of support x 2 dated, 20 September 2011, various case and OMPF documents. 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 and is improper. The evidence of record shows that the applicant was separated under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure, with a general, under honorable conditions discharge. However, Army Regulation 635-200, paragraph 1-19c, stipulates that commanders who are special court-martial convening authorities are authorized to approve or disapprove separation on chapters 5, 6, 7, 8, 9, 11, 13, 16, and 18 when the issuance of a characterization of service under other than honorable conditions is not warranted. This authority does not include officers in the grade of MAJ (O-4) or below, who are acting commanders. The record indicates that on 3 August 2010, the separation authority in the grade of MAJ acting on assumption of command orders approved the separation action and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.. The Board determined that the discharge is improper. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority with a corresponding SPD Code of “JFF” (Involuntary Discharge). IX. Board Decision Board Vote: Character - Change 5 No change 0 Reason - Change 5 No change 0 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: Change Reason to: Secretarial Authority under Provision of Chapter 5, AR 635-200, with a corresponding SPD Code of “JFF” (Involuntary Discharge). Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ? 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 AR20110019898 ______________________________________________________________________________ Page 3 of 3 pages