Applicant Name: ????? Application Receipt Date: 2010/04/13 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "Would like to be able to get back in military. Have stopped my drinking". 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: 070322 Discharge Received: Date: 070403 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: B Co, 1/30th Inf BN, Ft Stewart, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 061201, violated a lawful general regulation by failing to maintain proper motor vehicle insurance (061112), made a false official statement (061111); reduction to E2, forfeiture of $333 pay for one month, extra duty and restriction for 14 days (CG) 060913, fail to go at the time prescribed (060911); 14 days extra duty, suspended until (070228) (Summ) 051122, found sleep on his post at FOB Hope Baghdad, Iraq (051028); reduction to E3, forfeiture of $361, extra duty 14 days (CG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 030613 Current ENL Term: 4 Years ????? Current ENL Service: 3 Yrs, 09Mos, 21Days ????? Total Service: 3 Yrs, 09Mos, 21Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 11C1P Indirect Fire Infantryman GT: NIF EDU: NIF Overseas: SWA Combat: Kuwait/Iraq (050120-060110) Decorations/Awards: ARCOM, MUC, NDSM, GWOTSM, ICM, ASR, OSR, CIB V. Post-Discharge Activity City, State: Amarillo, TX Post Service Accomplishments: None submitted VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record indicates that on 29 January 2007, the unit commander in consultation with the Clinical Director/ADAPCP declared the applicant a rehabilitation failure. On 20 March 2007, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of drug rehabilitation/ASAP failure, with an honorable conditions discharge. He was advised of his rights. On 21 March 2007, the applicant consulted 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 action with an honorable conditions discharge. On 23 March 2007, 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 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 noted the applicant's request to rejoin the military; however, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 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: 7 January 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: 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 AR20100012959 ______________________________________________________________________________ Page 1 of 3 pages