BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017418 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017418 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017418 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests removal of the following entries from his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Item 25 (Separation Authority), Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), chapter 9 * Item 26 (Separation Code), JPD * Item 28 (Narrative Reason for Separation), Alcohol Rehabilitation Failure * Item 29 (Reentry Code), 4 2. The applicant states he understands that he completed the Army Substance Abuse Program (ASAP) and the recommendations and assessments upon completion of this program were excellent. 3. The applicant provides: * DA Form 4466 (Patient Progress Report) * background check CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army (RA) on 22 March 2011 and held military occupational specialty 11B (Infantryman). He reenlisted on 1 December 2013. 2. He served in Afghanistan from November 2010 to March 2011 and Korea from July 2011 to July 2012. At the time of his separation, he held the rank/grade of specialist/E-4 and he was assigned to Camp Casey, Korea. 3. On 11 August 2015, the applicant's immediate commander declared him an alcohol rehabilitation failure. The commander stated that the applicant was enrolled in ASAP on 13 March 2015, after reporting to duty drunk. He successfully completed the program and was released on 7 August 2015. While enrolled, he reported drunk to duty on 18 May 2015. He failed to comply with the provisions of the ASAP and he (the commander) determined the applicant to be an ASAP failure. 4. On 9 September 2015, the applicant's immediate commander notified him of his intent to initiate separation action against him in accordance with chapter 9 of AR 635-200, for alcohol rehabilitation failure. The immediate commander stated the specific reason was the applicant's alcohol rehabilitation failure. He had an alcohol-related incident on 28 November 2014 and a second incident after completing ASAP, on 18 May 2015, when he reported drunk to duty. The immediate commander recommended an honorable discharge. 5. On 11 September 2015, the applicant acknowledged receipt of the commander's intent to separate him and was advised of the basis for the contemplated separation action, the type of discharge he could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights that were available to him. The applicant indicated that he understood that he may encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him. He further elected not to submit a statement on his own behalf. He and his military defense counsel authenticated the form. 6. On 16 September 2015, his immediate commander initiated separation action against him in accordance with AR 635-200 by reason of alcohol rehabilitation failure. The commander stated: * the applicant had been enrolled in ASAP three times in February 2012, February 2013, and December 2014 * he had a dependency issue and that ASAP was not effective in his case * he busted the authorized alcohol rations for November 2014 * he was drunk at a unit function to the point that he was having trouble standing * he was notified of potential separation in December 2014 and then again in May 2015 for showing up drunk to formation 7. On 18 September 2015, the applicant's intermediate commander recommended approval with an honorable discharge. 8. On 18 September 2015, the separation authority approved the applicant’s discharge under the provisions of chapter 9 of AR 635-200, due to alcohol rehabilitation failure with an honorable discharge. He was accordingly discharged on 10 October 2015. 9. His DD Form 214 shows he was honorably discharged on 10 October 2015. It also shows in: * Item 25 – AR 635-200, chapter 9 * Item 26 – JPD * Item 28 – Alcohol Rehabilitation Failure * Item 29 – 4 REFERENCES: 1. AR 600-85 (The Army Substance Abuse Program) provides comprehensive alcohol and drug abuse prevention and control policies, procedures, and responsibilities for Soldiers of all components, Army civilian corps members, and other personnel eligible for ASAP services. a. Alcohol abuse and resulting misconduct will not be condoned. On-duty impairment due to alcohol consumption will not be tolerated. Impairment of Soldiers is defined as having a blood alcohol content equal to or greater than .05 grams of alcohol per 100 milliliters of blood. There will be no alcohol consumption during duty hours unless specifically authorized by the first general officer or civilian equivalent (member of the senior executive service) in the supervisory chain or, if not reasonable available, the garrison commander. b. In pertinent part, Soldiers who fail to participate adequately in or to respond successfully to rehabilitation will be processed for administrative separation and not be provided another opportunity for rehabilitation except under the most extraordinary circumstances, as determined by the clinical director in consultation with the unit commander. In addition to existing separation policies for alcohol or other drug abuse rehabilitation failures, Soldiers with a subsequent alcohol or drug-related incident of misconduct at any time during the 12-month period following successful completion of the ASAP or during the 12-month period following removal from the program, for any reason, will be processed for separation as an alcohol or drug abuse rehabilitation failure. 2. AR 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 contains the authority and outlines the procedures for discharging Soldiers because of alcohol or other drug abuse. A member who has been referred to the 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. Nothing in this chapter prevents separation of a Soldier who has been referred to such a program under any other provisions of this regulation. Initiation of separation proceedings is required for Soldiers designated as alcohol/drug rehabilitation failures. The service of Soldiers discharged under this chapter will be characterized as honorable or general under honorable conditions unless the Soldier is in entry-level status and an uncharacterized description of service is required. However, an honorable discharge is required if restricted-use information was used. 3. AR 601-210 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Table 3-1 includes a list of the RA RE codes. * RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the Army; they are qualified for enlistment if all other criteria are met * RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted * RE-4 applies to Soldiers separated from the last period of service with a nonwaivable disqualification 4. AR 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty. Their primary purpose is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of Department of Defense and the military services to assist in the collection and analysis of separation data. The SPD code of "JPD" is the correct code for Soldiers separated under chapter 9 of AR 635-200. 5. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. The cross reference table shows the SPD code and a corresponding RE code. At the time of his discharge, the SPD code of "JPD" had a corresponding RE code of "4." DISCUSSION: 1. The evidence of record shows the applicant was enrolled in ASAP after reporting to duty drunk. He completed the program and was released on 7 August 2015. While enrolled, he reported to duty drunk on another occasion, on 18 May 2015. Thus, he failed to comply with the provisions of the program and his commander determined the applicant to be an ASAP failure. 2. As a result, his commander initiated separation action against him in accordance with chapter 9 of AR 635-200. All requirements of law and regulation were met and the applicant's rights were fully protected throughout the separation process. 3. The applicant was discharged from active duty under the authority of chapter 9 of AR 635-200 due to his alcohol rehabilitation failure. Absent his abuse of alcohol and subsequent rehabilitation failure, there was no fundamental reason to separate him. The only valid narrative reason for separation authorized is "Alcohol Rehabilitation Failure" which is correctly listed on his DD Form 214. 4. Additionally, the appropriate separation code for this narrative reason for separation is "JPD" and the corresponding RE code is 4, both of which are correctly listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017418 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017418 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2