IN THE CASE OF: BOARD DATE: 19 June 2015 CASE NUMBER: AR20140010084 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. 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 general, under honorable conditions to honorable. 2. The applicant states, in effect, he has completed inpatient treatment for depression, anxiety and alcohol abuse. He states, he continues to complete follow-up treatment periodically with outpatient groups. He states, since his discharge he has enrolled in school for welding but believes his discharge characterization will jeopardize his eligibility for employment in his future career. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 9 June 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 24 January 2008 d. Reason/Authority/SPD/RE Code: Alcohol Rehabilitation Failure, AR 635-200, Chapter 9, JPD, RE-4 e. Unit of assignment: HHC, 16th Special Troops Battalion, APO AE, Germany f. Current Enlistment Date/Term: 11 January 2006/5 years g. Current Enlistment Service: 2 years, 14 days h. Total Service: 3 years, 10 months, 29 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 44B1P, Metal Worker m. GT Score: 112 n. Education: HS Graduate o. Overseas Service: SWA, Germany p. Combat Service: Iraq (050320-060320) q. Decorations/Awards: NDSM, GWOTSM, GWOTEM, ASR, OSR 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 26 February 2004, for a period of 3 years. He was 22 years old at the time of entry and a high school graduate. He reenlisted on 11 January 2006, for a period of 5 years and served in Germany and Iraq. His record is void of any significant awards of valor and achievement; however, he completed 3 years, 10 months, and 29 days of active duty service. When his discharge proceedings were initiated, he was serving in Germany. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the specific dates the applicant attended the required 16-hour Army Drug and Alcohol Prevention Training. However, 5 October 2007, the applicant was deemed a rehabilitation failure by Ms. M, LSCW, LAC, at the Community Counseling Center, Bamberg, Germany. 2. On 8 January 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, for failing to complete the Army Substance Abuse Program (ASAP). 3. 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. 4. On 9 January 2008, the applicant elected to consult with 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. 5. On 15 January 2008, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions and if otherwise disqualified, be transferred to the IRR. 6. The applicant’s available record does not contain any evidence of time lost. 7. The applicant was separated on 24 January 2008, 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. Article 15, dated 23 January 2007, for failing to go at the time prescribed to his appointed place of duty on 23 November 2006, disobeying a lawful order issued by a SGT (070505), and failing to go to his appointed place of duty (070422). The punishment consisted of a reduction to the grade of E-2 (suspended), forfeiture of $729 pay per month for two months, 45 days of extra duty and restriction (FG). 2. Article 15, dated 3 August 2007, for failing to obey a lawful order issued by a CPT (070505), and failing to obey a lawful order issued by a CPT (061222) The punishment consisted of a reduction to the grade of E-1, forfeiture of $325 pay for two months (suspended), and 45 days of extra duty and restriction (FG). 3. Several negative counseling statements, dated between 29 October 2006 and 28 September 2007, for excessive drinking, failure to report on time, and initial and monthly performance counseling. 4. A memorandum, dated 5 October 2007, reflects the applicant was declare an ASAP failure. 5. DA Form 3822-R (Report of Mental Status Evaluation), dated 18 October 2007, reflects the applicant had a clear and normal thought process and content, was mentally responsible, and had no psychiatric conditions. However, the report indicated the applicant had an interest in obtaining mental health treatment. 6. DA Form 2697 (Report of Medical Assessment), dated 14 October 2007, reflects the applicant’s alcohol dependence and depression. 7. DA Form 2807-1 (Report of Medical History), dated 19 October 2007, reflects the applicant had a history of depression, alcohol dependence and Post Traumatic Stress Disorder. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 15 May 2014, a self-authored statement, two DD Forms 214, two certificates of training, a September 2004 Leave and Earnings Statement, two diplomas, a certificate of affiliation, and a statement of missing service. POST-SERVICE ACTIVITY: The applicant states since his discharge from the Army he is currently enrolled in school for welding, completed inpatient treatment and continues follow-up treatment with outpatient groups. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicant’s military records, the issues and documents submitted with the application, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The applicant was enrolled in the Army Substance Abuse Program (ASAP) 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 the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. 3. The applicant's contends his current characterization of service may jeopardize his eligibility for employment in his future career. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 4. The applicant contends that since leaving the Army he is currently enrolled in school for welding, completed inpatient treatment and continues follow-up treatment with outpatient groups. The applicant’s post-service accomplishments have been noted as outlined on the application; however, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted 5. The record shows the proper discharge and separation authority procedures were followed in this case. 6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 19 June 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change 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) AR20140010084 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1