Applicant Name: ????? Application Receipt Date: 2011/08/22 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that she would like an upgrade of her discharge to honorable in order to receive GI Bill benefits. She has started attending Bloomsburg University and wishes to major in Social Work because she loves to help teenagers. 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: NIF Discharge Received: Date: 050617 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: 814th QM Co, Fort Knox, KY Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 24 Current ENL Date: 040809 Current ENL Term: 6 Years ????? Current ENL Service: 00 Yrs, 10 Mos, 09 Days ????? Total Service: 02 Yrs, 01 Mos, 08 Days Includes inactive service Previous Discharges: USAR 021115-050617/NIF Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92A10/Automated Log Spc GT: NIF EDU: HS Grad Overseas: SWA Combat: Iraq (041005-050221) Decorations/Awards: ????? V. Post-Discharge Activity City, State: Bloomsburg, PA Post Service Accomplishments: Applicant states she is attending college. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JPD (i.e., alcohol rehabilitation failure) with a reentry eligibility (RE) code of "4." 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 Army Substance Abuse Program (ASAP) 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 available military records, and the issue and document she submitted, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The only pertinent evidence available for review regarding the applicant's discharge is the DD Form 214, Certificate of Release or Discharge from Active Duty, which was authenticated by the applicant. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 9, AR 635-200, for alcohol rehabilitation failure. For this type of discharge, the applicant would have been enrolled in the Army Substance Abuse Program (ASAP) and would have been 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. Inasmuch as the applicant's official record is void of the circumstances leading to her discharge, it is presumed that she was identified as a rehabilitation failure subsequent to her enrollment in the ASAP program. Therefore, it is also presumed that the applicant was properly counseled and afforded a reasonable opportunity to overcome her problems, and chose not to avail herself of this opportunity. The analyst noted the applicant's issue about her desire to get the benefits of the GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears that 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: 7 March 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: A self-authored statement and two character reference letters. 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 Board Vote: Character - Change 1 No change 4 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? 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 AR20110017163 ______________________________________________________________________________ Page 1 of 3 pages