1. Applicant’s Name: a. Application Date: 20 May 2015 b. Date Received: 1 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a narrative reason change, an RE code change, back pay, retroactively awarded the Army Good Conduct Medal (AGCM), removal of all negative documentation related to his discharge from his record, be given service credit for his third reenlistment, be considered for up to 20 years of service and to be officially retired with full benefits. The applicant seeks relief contending, in effect, the commander’s reasons for separation are inconsistent with the evidence used to initiate separation. The narrative reason for separation was improper. The applicant was not enrolled in the Army Substance Abuse Program (ASAP) as alleged. Erroneous and unsubstantiated information was used in the chapter packet. The Army failed to provide the applicant due process by providing him with an administrative and or personal appearance before a separation board. The applicant’s legal counsel provided inadequate legal advice resulting in multiple violations of his rights. In a records review conducted at Arlington, VA on 31 August 2016, and by a 5-0 vote, the Board determined the discharge was improper. The evidence indicates the applicant was entitled to an administrative separation board because he had over eight years of total active military service at the time of initiation of the separation action. An administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects the applicant did not receive an administrative separation board and did not waive it either. Denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper. Accordingly, the Board voted to change the narrative reason for separation to Secretarial Authority. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Alcohol Rehabilitation Failure / AR 635-200 / Chapter 9 / JPD / RE-4 / Honorable b. Date of Discharge: 3 April 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 March 2005 (2) Basis for Separation: The applicant was initially enrolled in ASAP on 26 February 1999 and continued to consume alcoholic beverages while enrolled in the program. Additionally, during this extended period of enrollment, he failed to adequately participate in rehabilitation by avoiding contact with the Community Counseling Center until confronted. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 17 March 2005 (5) Administrative Separation Board: On 17 March 2005, the applicant elected to appear before an administrative separation board. However, the applicant’s service record is void of any evidence that he appeared before the board. (6) Separation Decision Date/Characterization: 19 March 2005 / Honorable 4. SERVICE DETAILS: a. Date/Period of Enlistment: 2 December 2004 / 2 years b. Age at Enlistment/Education/GT Score: 26 / HS Graduate / 116 c. Highest Grade Achieved/MOS/Total Service: E-5 / 25B20, Information Systems Operator / 8 years, 9 months, and 9 days d. Prior Service/Characterizations: RA, 25 June 1996 - 3 August 1999 / HD RA, 4 August 1999 - 21 October 2002 / HD RA, 22 October 2002 - 1 December 2004 / HD e. Overseas Service/Combat Service: Jordan, Korea, SWA / Afghanistan (9 December 2001 - 15 June 2002) f. Awards and Decorations: ARCOM-3, AAM-3, MUC, ACM-CS, ASUA, AGCM-2, NDSM, KDSM, NOPDR, ASR, GWTEM, GETSM g. Performance Ratings: None during period of service under review. h. Disciplinary Action(s)/Evidentiary Record: FG Article 15, dated 12 March 2001, for physically controlling a vehicle while his alcohol concentration in his breath was .162 grams of alcohol per 210 liters of breath or greater (29 January 2001). The punishment consisted of a reduction to E-4, forfeiture of $788.00 pay for one month (suspended), and extra duty for 30 days. Two DA Forms 4856 (Developmental Counseling), dated 21 July 2004 and 25 January 2005, for ASAP, Track 3 Program enrollment, and for consuming alcoholic beverages while enrolled in ADAP program. Camp Henry Community Counseling Center Memorandum, dated 14 February 2005, provides a summary of the applicant’s rehabilitation efforts: 1998 - the applicant was assessed by ASAP, but not enrolled into the treatment program; January 1999 - the applicant was assessed by ASAP, but not enrolled into the treatment program; 26 February 1999 - the applicant was again assessed by ASAP, diagnosed with Alcohol Misuse and was enrolled into the Out-Patient Substance Abuse treatment program. He was disenrolled in June 1999 as a treatment success with a “Good” prognosis; 30 January 2001 - the applicant was assessed by ASAP at Fort Huachuca, AZ, following an alcohol related incident, diagnosed with Alcohol Abuse, and was enrolled into the Out-Patient substance treatment program. He was disenrolled from the program in January 2002 as a treatment success but with only a “Poor” prognosis; 7 March 2003 - the applicant was again assessed by ASAP at Fort Huachuca, AZ, following after a DUI incident diagnosed with Alcohol Misuse, but was not enrolled into ASAP as the result of a command decision not to enroll since he already had treatment and education; On 23 July 2003, the applicant was assessed by ASAP at Fort Huachuca, AZ, diagnosed with Alcohol Dependence, and was enrolled in the out-patient substance abuse treatment program; In October 2003 – the applicant PCSed to Korea. During Rehabilitation Treatment Team Meeting with his Commanding Officer and the ASAP Counseling on 15 September 2003, the applicant indicated his understanding that his rehabilitation would continue during his tour in Korea. However, he failed to notify ASAP of his presence in country or of his enrollment. He failed to contact ASAP until mid-2004, when follow-up by the ASAP In Fort Huachuca notified the Area IV ASAP of his presence in Korea; The applicant divulged he had been consuming alcoholic beverages during the period of his non-contact with ASAP though he knew he was enrolled and that he was prohibited from consuming any mood-altering substances by program guidelines; and, 29 December 2004 - the applicant disclosed to his counselor that he had consumed five mixed drinks on 25 December 2004. The ASAP director recommended the applicant’s case be closed due to rehabilitation failure because of the applicant’s lengthy history of treatment and relapse as well as his poor performance during the current opportunity at rehabilitation. Clinical services continued to be provided until 7 January 2005 when the applicant’s case was closed by his commanding officer as a rehabilitation failure. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 20 May 2015, with all listed enclosures. 6. POST SERVICE ACCOMPLISHMENTS: The applicant worked as a civilian with the U.S. Army and has deployed to Iraq and Afghanistan. He attended college full time, started two personal businesses, served as an information management consultant to DOD entities, and has conducted himself within the law and no incidents involving alcohol. 7. REGULATORY CITATION(S): 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. 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 limited use information is used in the discharge process. 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. 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. 8. DISCUSSION OF FACT(S): The applicant requests a narrative reason change, an RE code change, back pay, retroactively awarded the AGCM, removal of all negative documentation related to his discharge from his record, be given service credit for his third reenlistment, be considered for up to 20 years of service and to be officially retired with full benefits. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The applicant contends he was never afforded the opportunity to appear before an administrative separation board, where he would have demonstrated that he was not enrolled in the ASAP and that erroneous and unsubstantiated information was used in the chapter proceedings. The evidence of record confirms the applicant consulted with legal counsel on 18 March 2005 and elected to appear before an administrative separation board. The applicant had over six years of active service at the initiation of the chapter 9 discharge proceeding. Apparently, the command misinterpreted his request and discharged him without a separation board. Moreover, an administrative separation board is a right and required under the provisions of the governing regulation. The record reflects the applicant did not receive an administrative separation board and denial of such a board constituted a prejudicial error to the rights of the applicant and as a result the discharge is improper. The applicant desires back pay, retroactive award of the AGCM, removal of all negative documentation related to his discharge from his record, service credit for his third reenlistment, considered for up to 20 years of service, and to be officially retired with full benefits. The applicant’s requested changes to the DD Form 214 do not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 31 August 2016, and by a 5-0 vote, the Board determined the discharge was improper. The evidence indicates the applicant was entitled to an administrative separation board because he had over eight years of total active military service at the time of initiation of the separation action. An administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects the applicant did not receive an administrative separation board and did not waive it either. Denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper. Accordingly, the Board voted to change the narrative reason for separation to Secretarial Authority. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: NA c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD/RE Code to: Change SPD to JFF/ No Change to RE f. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150011845 1