Applicant Name: ????? Application Receipt Date: 2011/02/28 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "I am requesting this upgrade because while serving with the US Army I served my unit with diligence and a sense of honor that was unsurpassed. It was only during my divorce from my wife that I made some terrible mistakes resulting in this life altering event. I currently own my own company and have operated it since 2009. I am asking for this upgrade so that I may not have this tarnished spot on my record. Since my discharge I have quit drinking completely and attend AA meetings daily. I do not wish to look back on my fond memories of serving to defend my country as a black mark on my record. I wish to only receive the discharge that I as well as my NCO’s and Officers feel I should receive. Thank you for your time and consideration in this matter." 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: 090225 Discharge Received: Date: 090309 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: B Company, 22d Chemical Battalion, US Army 20th Support Command, Aberdeen Proving Ground, Maryland Time Lost: None Article 15s (Charges/Dates/Punishment): 080320, found drunk while on duty as B Company’s Guidon Bearer (080306), reduction to E-3, extra duty for 14 days, (FG). 090225, with intent to deceive, make to 1SG G, an official statement, in that he did not attempt to sign in for SGT W out of APG Police Station, which statement was totally false, and was then known by the applicant to false (081110), willfully disobeyed a lawful command from MAJ H, not to be within 500 feet of PVT C (081112), failed to go at the time prescribed to his appointed place of duty, 0630 PT formation (080915), wrongfully endeavored to change the results of his blood sample by saying to Ms. D, “Is there anything that I could do so that you would change the results of the blood testing,” (081112), reduction to E-1, forfeiture of $699.00 pay per month for two months, suspended to be automatically remitted if not vacated (090825), 45 days extra duty, (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 22 Current ENL Date: 060620 Current ENL Term: 3 Years 22 Weeks Current ENL Service: 2 Yrs, 8 Mos, 20 Days ????? Total Service: 2 Yrs, 8 Mos, 20 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 74D10 chemical Operations Specialist GT: 116 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: Alpharetta, GA Post Service Accomplishments: Owns his own company, has completely quit drinking and attends AA meetings. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record indicates that on 18 November 2008, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program declared the applicant a rehabilitation failure. On 25 February 2009, 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 26 February 2009, the applicant declined consultation 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 with a general, under honorable conditions discharge. On 26 February 2009, 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 Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcohol/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 and documents 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 Alcohol and Drug Abuse Prevention and Control 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 analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application. However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. 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: 14 October 2011 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 293 with a self-authored statement, four letters of recommendation 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 XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20110004086 ______________________________________________________________________________ Page 1 of 3 pages