IN THE CASE OF: Mr. BOARD DATE: 24 November 2014 CASE NUMBER: AR20140000382 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests to change the narrative reason for his discharge. 2. The applicant states, in effect, he was discharged for Army Substance Abuse Program (ASAP) failure. When he “relapsed’ his counselor informed him that he “was ready to be done with the program” and that he had successfully completed all treatments. However, his first sergeant found that he was not ready to be out of ASAP and that he should continue to be in the program. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 23 December 2013 b. Discharge Received: Honorable c. Date of Discharge: 15 January 2013 d. Reason/Authority/SPD/RE Code: Alcohol Rehabilitation Failure, AR 635-200, Chapter 9 JPD, RE-4 e. Unit of assignment: B Co, 1st Bn, 505th Parachute Infantry Regiment 3rd BCT, Fort Bragg, NC f. Current Enlistment Date/Term: 25 March 2011, NIF g. Current Enlistment Service: 1 year, 9 months, 21 days h. Total Service: 3 years, 4 months, 21 days i. Time Lost: None j. Previous Discharges: RA (090825-110324) / HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B1P, Infantryman m. GT Score: 125 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (100328-100715) q. Decorations/Awards: AAM; AGCM; NDSM; ACM-CS; GWOTSM; NPDR ASR; NATO MDL r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 25 August 2009, and reenlisted on 25 March 2011 (contract NIF). He was 19 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 92F1011B1P, Infantryman. He served in Afghanistan and earned an AAM. He completed 3 years, 4 months, and 21 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. There is no record of the applicant’s ASAP attendance, nor is there any record of the unit commander’s consultation with the Clinical Director/Army Substance Abuse Program that declared the applicant a rehabilitation failure. 2. On 11 December 2012 (as acknowledged by the applicant), the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol or drug rehabilitation failure because on 17 July 2012, he was enrolled in the Army Substance Abuse Program (ASAP) for alcohol abuse, but on or about 19 October 2012, he consumed alcohol, causing him to be an ASAP failure. 3. The unit commander advised the applicant of his rights and recommended a discharge from the Army with a characterization of service of honorable and waiver of any rehabilitation measures. 4. On 11 December 2012, the applicant waived his right to legal counsel, indicated he understood the impact of the discharge action, and did not submit a statement on his own behalf. The unit commander subsequently recommended separation from the Army. The intermediate commander reviewed the proposed action and recommended approval with an honorable discharge. 5. In an undated memorandum, the separation authority waived further rehabilitation and directed the applicant’s discharge with an honorable characterization of service. 6. The applicant’s available record does not contain any record of actions under the Uniform Code of Military Justice. However, the unit commander’s forwarding memorandum indicates, on 8 November 2012, the applicant received a summarized Article 15, UCMJ, for assault, and the punishment consisted of 14 days of extra duty and restriction. 7. The applicant was separated on 15 January 2013, under Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure, with an honorable discharge, an SPD code of JPD and a reentry code of 4. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: There is no record of any counseling statement. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 214 for service under current review. POST-SERVICE ACTIVITY: The applicant provided none. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 outlines the procedures for discharging individuals because of alcohol or other drug abuse. 2. A member who has been referred to the Army Substance Abuse Program (ASAP) for alcohol or 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. 3. 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 limited use information is used in the discharge process. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JPD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JPD" will be assigned an RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for a change to the reason for his discharge was carefully considered. However, after examining the applicant’s service record, and the document and issues submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for the discharge. 2. Although the correspondence that documented the unit commander’s consultation with the Clinical Director/Army Substance Abuse Program and declaring the applicant a rehabilitation failure is not available, the unit commander appropriately explained that the applicant was command-referred to ASAP for alcohol abuse and that while enrolled, he consumed alcohol. The evidence shows the applicant had 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 documented circumstances leading to his discharge, it is presumed that he was identified as a rehabilitation failure subsequent to his enrollment in the ASAP program. Therefore, it is also presumed that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems, and chose not to avail himself of this opportunity. 3. The applicant contends the reason for the discharge should be changed because when he relapsed, his counselor informed him that he “was ready to be done with the program,” and that he had successfully completed all treatments, but his first sergeant found that he was not ready to be out of ASAP and that he should continue to be in the program. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he may have been unjustly discriminated. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request to change the narrative reason for his discharge. 4. Furthermore, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JPD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure. The regulation further stipulates that no deviation is authorized. 5. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. Accordingly, the records show the proper discharge and separation authority procedures were followed in this case. 6. Therefore, the reason for discharge and the characterization being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 24 November 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: NA No Change: NA Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: NA Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140000382 Page 5 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1