Applicant Name: ????? Application Receipt Date: 2012/03/20 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I was not separated due to a breach in my contract. I was separated due to my failure to complete the ASAP class. I had readjustment problems following my deployment to IRAQ. I feel this Sep. Code is completely inaccurate. The breach of contract is as a result being separated. I was separated due to readjustment and substance problems." 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: 110428 Discharge Received: Date: 110523 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: G Company, 307th Brigade Support Battalion, Fort Bragg, North Carolina Time Lost: AWOL for a total of 15 days (101214 - 101228), mode of return unknown. Article 15s (Charges/Dates/Punishment): 110418, without authority, failed to go at the time prescribed to his appointed place of duty (110309); without authority, failed to go at the time prescribed to his appointed place of duty (110310); reduction to E-2; forfeiture of $383 pay, suspended, to automatically remitted if not vacated (111018); extra duty and restriction for 14 days; (CG). Courts-Martial (Charges/Dates/Punishment): 101214, unlawfully struck SPC DG in the face with his fists; reduced to E-2; forfeiture of $1,000 pay; confinement for 9 days; (Summary). Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 24 Current ENL Date: 080605 Current ENL Term: 3 Years 28 Weeks Current ENL Service: 2 Yrs, 11 Mos, 4 Days ????? Total Service: 2 Yrs, 11 Mos, 4 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 91J10 Quartermaster and CHE GT: 103 EDU: HS Grad Overseas: SWA Combat: Iraq (090824 - 100730) Decorations/Awards: NDSM, ICM w/CM, GWOTSM, ASR, OSR V. Post-Discharge Activity City, State: Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record indicates that on 14 April 2011, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program declared the applicant a rehabilitation failure. On 28 April 2011, 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 discharge. He was advised of his rights. On 28 April 2011, 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. 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, and the issue he submitted, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The analyst noted that the applicant was enrolled in the Army Substance Abuse 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. The applicant contends he was discharged due to breach of contract rather than ASAP failure; however, the DD 214 reflects the applicant was discharged due to Alcohol Rehabilitation Failure with a SPD code of JPD. The analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. In view of the foregoing, the analyst determined 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: 17 August 2012 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 149 and a DD Form 214. 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 Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change 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 AR20120005890 ______________________________________________________________________________ Page 3 of 3 pages