Applicant Name: ????? Application Receipt Date: 2010/12/03 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that his discharge was based on one isolated incident in 27 months of service with no adverse action. He fully cooperated with the CID and JAG as a character witness in the trial of a Private, who was found guilty of involuntarily manslaughter at Fort Lewis, WA. After his separation, he voluntarily attended Savannah Mission Bible Training Center located on 1000 East Victory Drive, Savannah, GA from April 2010 thru July 2010. SMBTC is part of a nonprofit organization known as Mission Teens Inc. The mission is a faith-based program and it was there where he learned to let go of his substance abuse and let God take control; over his life. It was a life changing experience for him. 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: 100331 Discharge Received: Date: 100416 Chapter: 9 AR: 635-200 Reason: Drug Rehabilitation Failure RE: SPD: JPC Unit/Location: A Company, (Rear Detachment), 110th Chemical Battalion (TE), Joint Base Lewis-McChord, WA Time Lost: None Article 15s (Charges/Dates/Punishment): 100129, made an official statement to a 1LT, which statement was totally false (091222), on divers occasions, wrongfully used Oxycontin x 2 between (080901-090907), (090801-090930), and wrongfully inhale Dust-Off on or about (091021), reduction to Private (E-1), forfeiture of $723.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (100728), and restriction for 45 days (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 25 Current ENL Date: 080716 Current ENL Term: 4 Years ????? Current ENL Service: 1 Yrs, 9 Mos, 1 Days ????? Total Service: 2 Yrs, 5 Mos, 15 Days ????? Previous Discharges: ARNG 071102-080213/NA IADT 080214-080715/HD Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 74D10 L3 Chemical Operations Spec GT: 125 EDU: 14 Years Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant states in his issue that after his separation, he voluntarily attended Savannah Mission Bible Training Center located on 1000 East Victory Drive, Savannah, GA from April 2010 thru July 2010. SMBTC is part of a nonprofit organization known as Mission Teens Inc. The mission is a faith-based program and it was there where he learned to let go of his substance abuse and let God take control; over his life. It was a life changing experience for him. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record indicates that on 28 January 2010, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program declared the applicant a rehabilitation failure. On 25 March 2010, 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; in that he tested positive for Oxymorphone while undergoing rehabilitation between (100104-100112) with a general, under honorable conditions discharge. He was advised of his rights. On 31 March 2010, 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 a general, under honorable conditions discharge. On 6 April 2010, 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 issue that his discharge was based on one isolated incident in 27 months of service with no adverse action. Even though the applicant claims it was a single incident, the analyst concluded that the discrediting entry constituted a departure from the standards of conduct expected of soldiers in the Army. The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. Having examined all the circumstances, the analyst determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. The applicant further contends that he voluntarily attended Savannah Mission Bible Training Center from April 2010 thru July 2010 and it is part of a nonprofit organization known as Mission Teens Inc. The mission is a faith-based program and it was there where he learned to let go of his substance abuse and let God take control; over his life. It was a life changing experience for him. The analyst acknowledges the applicant's successful transition to civilian life and the accomplishment outlined in his application. The applicant is to be commended for his efforts. However, in review of the applicant’s entire service record, the analyst found that this accomplishment did not overcome the reason for discharge and characterization of service granted. In view of the foregoing, the analyst determined 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: 27 July 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 30 November 2010. 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: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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 AR20100029273 ______________________________________________________________________________ Page 1 of 3 pages