IN THE CASE OF: BOARD DATE: 17 November 2014 CASE NUMBER: AR20140016250 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, 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 to upgrade the characterization of his service from general, under honorable conditions to fully honorable, and to change the narrative reason for his discharge. 2. The applicant states, in effect, as stated in his previous application, he still believes that there is no viable evidence he was provided the opportunity for a rehabilitation program. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 12 September 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 29 March 2011 d. Reason/Authority/SPD/RE Code: Alcohol or Other Substance Abuse Rehabilitation Failure, NGR 600-200, paragraph 6-35h, NA, RE-3 e. Unit of assignment: 1022 Vertical Engineer Construction (Rear), West Monroe, LA f. Current Enlistment Date/Term: 4 March 2008, 6 years g. Current Enlistment Service: 3 years, 25 days h. Total Service: 12 years, 6 months, 13 days i. Time Lost: None j. Previous Discharges: USN (980929-030628) / HD USNR (030629-040407) / HD USN (040308-050728) / HD USN (050729-080303) / HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 21K10, Plumber/Pipefitter m. GT Score: 111 n. Education: HS Graduate o. Overseas Service: British Islands p. Combat Service: None q. Decorations/Awards: NDSM; NGCM; NMOSR r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: Yes u. Prior Board Review: Yes SUMMARY OF SERVICE: The record shows the applicant enlisted in the Army National Guard on 4 March 2008, for a period of 6 years. He was 27 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 21K10, Plumber/Pipefitter. His record documents no acts of valor or significant achievement. He completed 12 years, 6 months, and 13 days of active duty and reserve service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The available 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 Reserve. However, according to the applicant’s submitted evidence, on 10 February 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 6, paragraph 6-35h, AR 135-178, by reason misconduct (alcohol or other substance abuse rehabilitation failure, for failing a Chapter 2 physical for OCS, testing positive for THC, and failing a second urinalysis (091108), and the applicant was advised of his rights. There is no record of the characterization of service that was recommended or the applicant’s election of rights response. 2. The unit commander, in a separate document, AGO LA Form 55-1, further indicated that after counseling him, he still refused to obtain treatment through a rehabilitation program, and recommended a reduction to E-1, bar to reenlistment, and discharge. The recommendation was endorsed by the battalion commander but neither included the characterization of service recommended. 3. The NGB Form 22 indicates that on 29 March 2011, the applicant was discharged under the provisions of Chapter 6, Paragraph 6-35h, AR 635-200, by reason of alcohol or other substance abuse rehabilitation failure, with a general, under honorable conditions characterization of service. The NGB Form 22 also shows a RE code of 3. 4. The record indicates that on 10 March 2011, Department of the Army and Air Force, Joint Force Headquarters-Louisiana, Office of the Adjutant General, Pineville, LA, Orders 069-037, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective 29 March 2011, with a general, under honorable conditions discharge. 5. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Discharge orders. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided none but referenced his previous application under Case Number AR20120015934. POST-SERVICE ACTIVITY: The applicant provided none. REGULATORY AUTHORITY: 1. National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel of the Army National Guard. 2. Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. 3. The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army Regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. 4. Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. 5. Chapter 6, Paragraph 6-35, NGR 600-200, covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard. Paragraph 6-35h of that regulation, referring to AR 135-178, Chapter 11 and AR 600-85, Chapter 12, provides, in pertinent part, that Soldiers can be separated for alcohol or other substance abuse rehabilitation failure. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and to change the narrative reason for his discharge was carefully considered. However, after examining the applicant’s record of service, and the documents and issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or to change the narrative reason for his discharge. 2. The evidence in the record indicates the applicant refused to obtain treatment through a rehabilitation 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, the command declared the Soldier a rehabilitation failure, imposed a bar to reenlistment, and recommended a discharge from the Louisiana Army National Guard (LAARNG). The evidence of record further establishes the fact the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. 3. The applicant contends there is no viable evidence he was provided the opportunity for a rehabilitation program. However, AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. Further, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he may have been unjustly discriminated. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 4. Furthermore, the applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. Moreover, the rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. 5. Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 17 November 2014 Location: Washington, DC Did the Applicant Testify? Yes Counsel: None Witnesses/Observers: None In addition to the evidence in the record, the Board carefully considered any additional documents and testimony presented by the applicant at the personal appearance hearing. 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 Discharge Order: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: No Change Change RE Code to: No Change 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) AR20140016250 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1