IN THE CASE OF: Mr. BOARD DATE: 14 November 2014 CASE NUMBER: AR20140000976 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board noted that the government introduced evidence into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for alcohol and substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to honorable. The Board found the reason for discharge was fully supported by the record and voted not to change it. 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 an upgrade of his general, under honorable conditions discharge to honorable and a change to the narrative reason for separation and reentry code. 2. The applicant states, in effect, he believes his discharge should be changed because he completed rehabilitation. He contends while in rehabilitation, he received orders to deploy; and he did not want to go but wanted to separate from the Army due to the rough deployment to Afghanistan. He contends his 1SG told him he could get out on a drug rehabilitation failure with a general, under honorable conditions characterization of service. He contends his reentry code is stopping him from reentering military service. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 7 January 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 25 April 2012 d. Reason/Authority/SPD/RE Code: Drug Rehabilitation Failure, AR 635-200, Chapter 9, JPC, RE-4 e. Unit of assignment: D Company, 1-87th Infantry Regiment, Fort Drum, NY f. Current Enlistment Date/Term: 12 November 2008/3 years, 18 weeks g. Current Enlistment Service: 3 years, 5 months, 14 days h. Total Service: 3 years, 5 months, 14 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 94 n. Education: GED o. Overseas Service: SWA p. Combat Service: Afghanistan (100402-110211) q. Decorations/Awards: ACM-CS, ARCOM-2, NATO MDL, NDSM, GWOTSM, ASR, OSR, CIB r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 12 November 2008, for a period of 3 years and 18 weeks. He was 17 years old at the time of entry and had a General Equivalency Diploma (GED). He served in Afghanistan and earned two ARCOMs and a CIB. He completed 3 years, 5 months, 14 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Drum, New York. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record indicates that on 5 October 2011, the applicant self-referred to the Fort Drum Army Substance Abuse Program (ASAP). On 27 October 2011, the applicant was enrolled in the ASAP Level I Outpatient Program which included abstinence from alcohol and other drug use, attendance at weekly individual and group counseling sessions. 2. On 30 November 2011, the applicant’s psychologist from the TBI Program reported that the applicant admitted to smoking spice on a daily basis and drinking alcohol occasionally. The applicant confirmed he smoked spice daily, snorted non-prescription pain medications and drank alcohol. 3. On 1 December 2011, the applicant’s 1SG and ASAP counselor determined the applicant required a higher level of care. On 2 December 2011, the applicant was admitted to the Starlight Inpatient Chemical Dependency Treatment Program. He successfully completed the program on 3 January 2012, and returned to Fort Drum, NY. 4. On 17 January 2012, the applicant’s 1SG and ASAP counselor, declared the applicant a rehabilitation failure due to his admittance to smoking cannabis. 5. On 15 March 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, for failure to complete ASAP. 6. The unit commander advised the applicant of his rights and recommended a discharge from the Army with a characterization of service of general, under honorable conditions and waiver of any rehabilitation measures. 7. On 15 March 2012, the applicant waived legal counsel, was advised of the impact of the discharge action, and elected to submit a statement on his own behalf. On 22 March 2012, the applicant submitted a rebuttal statement requesting an honorable discharge. The unit commander subsequently recommended separation from the Army. 8. On an unknown date, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 9. The applicant’s available record does not contain any evidence of actions under the Uniform Code of Military Justice. 10. The applicant was separated on 25 April 2012, under Army Regulation 635-200, Chapter 9, for drug rehabilitation failure, with a general, under honorable conditions discharge, an SPD code of JPC and a reentry code of 4. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There is one positive urinalysis report contained in the record: IR, Inspection Random, 29 November 2011, Oxymorphone 2. DA Form 8003 (ASAP Enrollment), dated 26 September 2011, reflects the applicant self-referred to ASAP and was enrolled in a Level I rehabilitation program. 3. Nine counseling statements, dated between 5 January 2011 and 20 February 2012, for initial and monthly counseling statements, missed appointments on two occasions, failure to report to work, and wrongful use and possession of non-prescribed medications. 4. A memorandum, dated 24 January 2012, reflects the details surrounding the applicant’s rehabilitation efforts. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 4 January 2014, and a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his application. 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 "JPC" will be assigned an RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade, a change to the narrative reason and a change to the reentry code was carefully considered. However, after examining the applicant’s military records, the issues and documents submitted with the application, it appears the characterization of the applicant’s discharge was improper. 2. The record confirms that the government introduced into the discharge packet the applicant’s self-referral to ASAP. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of an honorable characterization of service. 3. The record shows the proper discharge and separation authority procedures were not followed in this case. 4. Therefore, the characterization being improper, recommend the Board grant partial relief by upgrading the characterization of service to fully honorable. However, the reason for discharge and reentry code was fully supported by the record and therefore, remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 14 November 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: No Change 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) AR20140000976 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1