IN THE CASE OF: BOARD DATE: 13 March 2015 CASE NUMBER: AR20140005705 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board noted that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for alcohol abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to honorable. The Board found the reason for discharge was fully supported by the record and voted not to change it. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, he was told six months after his discharge he could file to change his characterization of service to honorable. The applicant did not present any issues of propriety or equity for the Board to consider. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 March 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 27 August 2013 d. Reason/Authority/SPD/RE Code: Alcohol Rehabilitation Failure, AR 635-200, Chapter 9, JPD, RE-4 e. Unit of assignment: 359th Inland Cargo Transportation Company, Fort Eustis, VA f. Current Enlistment Date/Term: 7 February 2012/4 years g. Current Enlistment Service: 1 year, 6 months, 21 days h. Total Service: 1 year, 6 months, 21 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: 88N10, Transportation Management Coordinator m. GT Score: 95 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 7 February 2012, for a period of 4 years. He was 20 years old at the time of entry and a high school graduate. His record is void of any significant acts of valor and achievement. He completed 1 year, 6 months, 21 days of active duty service. When his discharge proceedings were initiated, he was serving in Fort Eustis, VA. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record indicates that on 9 July 2013, the applicant self-referred to the Army Substance Abuse Program (ASAP). He was recommended for education only, but during the rehabilitation team meeting on 19 February 2013, the applicant reported he drank alcohol. The applicant was enrolled in the Level I outpatient program. On 3 April 2013, the applicant reported he drank while on leave. He was recommended for Level II treatment at the Navy Medical Center-Portsmouth; however, the applicant missed his orientation appointment on 5 June 2013, and while pending a new admission date, he had an alcohol related incident. 2. The applicant was declared a rehabilitation failure by the rehabilitation team. 3. On 13 August 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol or drug rehabilitation failure because he was detained for multiple offenses that involved alcohol while in ASAP, which resulted in him becoming a rehabilitation failure. In addition, the applicant had multiple failures to report to road guard detail and received an Article 15 for underage drinking. 4. The unit commander advised the applicant of his rights and recommended a discharge from the Army with a characterization of service of general, under honorable conditions and waiver of any rehabilitation measures. 5. On 13 August 2013, the applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his own behalf. The unit commander subsequently recommended separation from the Army. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge. 6. On 14 August 2013, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 7. The applicant was separated on 27 August 2013, under Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure, with a general, under honorable conditions discharge, an SPD code of JPD and a reentry code of 4. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Commander’s Report, dated 13 August 2013, reflects the applicant received an Article 15 for violation of Article 134, UCMJ and was found guilty of all specifications. The punishment consisted of 14 days extra duty and restriction (CG). 2. Rehabilitation Treatment Failure Memorandum, dated 9 July 2013, reflects the applicant self-referred to ASAP and had multiple alcohol-related incidents while in treatment resulting in him being declare an alcohol rehabilitation failure. 3. Two negative counseling statements, dated 10 July 2013 and 22 July 2013, for recommendation for separation from the military and drinking while enrolled in ASAP. 4. A MP Report, dated 5 July 2013, reflects the applicant was the subject of an investigation for underage drinking, being drunk and disorderly, resisting apprehension, threatening federal law enforcement x 2, threatening federal law enforcement officer family members, misconduct (other than drunk and disorderly), and D-Cell confinement. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 24 March 2014 and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 outlines the procedures for discharging individuals because of alcohol or other drug abuse. 2. 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. 3. 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 limited use information is used in the discharge process. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JPD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JPD" will be assigned an RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. 2. After examining the applicant’s military records, the issue submitted with the application, it appears the characterization of the applicant’s discharge was improper. 3. The record confirms that the government introduced into the discharge packet a letter dated 9 July 2013, from Ms. L, the ASAP Acting Clinical Director, which indicated the applicant self-referred to ASAP. This is limited use information as defined in Chapter 10, AR 600-85. Use of this information mandates award of an honorable characterization of service. 4. The record shows the proper discharge and separation authority procedures were not followed in this case. 5. Therefore, the characterization not being proper and equitable, recommend the Board grant relief by upgrading the characterization of service to honorable. However, the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 13 March 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140005705 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1