IN THE CASE OF: BOARD DATE: 24 September 2014 CASE NUMBER: AR20140009089 ___________________________________________________________________________ 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 a change to the narrative reason, separation and RE-code. 2. The applicant states, in effect, he served over eight years of honorable service and would like to enlist into the Army again. Applicant contends that since his discharge, he has dedicated himself to recovery and a healthy lifestyle. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 22 May 2014 b. Discharge Received: Honorable c. Date of Discharge: 24 January 2014 d. Reason/Authority/SPD/RE Code: Alcohol Rehabilitation Failure AR 635-200, Chapter 9, JPD RE-4 e. Unit of assignment: 11th Missile Defense Detachment 10th Army Air & Missile Defense Command, Kaiserslautern, GE f. Current Enlistment Date/Term: 14 August 2007/6 years g. Current Enlistment Service: 6 years, 5 months, 11 days h. Total Service: 8 years, 3 months, 19 days i. Time Lost: None j. Previous Discharges: DEP, 050929-051005, NA RA, 051006-070813, HD k. Highest Grade Achieved: E-6 l. Military Occupational Specialty: 14H30, Air Defense Enhanced m. GT Score: 105 n. Education: HS Graduate o. Overseas Service: SWA/United Arab Emirates p. Combat Service: None q. Decorations/Awards: ARCOM, AAM, AGCM, NDSM GWOTSM, GWOTEMU, KDSM NCOPD-2 ASR, OSR-2 r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 6 October 2005, for a period of 3 years and 22 weeks. He reenlisted in the Regular Army on 14 August 2007, for six years. He was 23 years old at the time of reenlistment and a high school graduate. He served in United Arab Emirates and completed 8 years, 3 months, and 19 days of active duty service. When his discharge proceedings were initiated, he was serving at Kaiserslautern, Germany. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record indicates that on 3 June 2013, the applicant was command referred for evaluation and immediately enrolled into the Army Substance Abuse Program (ASAP) for treatment of alcohol dependence. 2. Memorandum, dated 1 August 2013, states the applicant was previously enrolled in ASAP for treatment of alcohol dependence at the Fort Bliss clinic from 18 September 2006 through 5 April 2007. The applicant was previously enrolled at the Fort Bragg ASAP clinic for alcohol dependence from 3 August 2012 through 28 February 2013. 3. On 13 November 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure as evident by his release, dated 29 July 2013, from the Addiction Treatment Facility (ATF) for his inability to follow instructions laid out by the program. This was not the applicant’s first time being in an Army rehabilitation program. In addition, the applicant was involved in a physical domestic assault with his wife. 4. 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. 5. On 19 November 2013, the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board contingent upon him being discharged with a characterization of service of honorable. The applicant elected not to submit a statement on his own behalf. 6. On 4 December 2013, the unit commander reviewed the applicant’s request for conditional waiver and recommended separation from the Army with a characterization of general, under honorable conditions. 7. On 19 December 2013, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of honorable. 8. The applicant’s available record does not contain any evidence of actions under the Uniform Code of Military Justice, unauthorized absences, or time lost. 9. The applicant was separated on 24 January 2014, 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: 1. DA Form 3975 (Military Police Report), dated 27 May 2013, indicates the applicant was the subject of an investigation for assault consummated by a battery. 2. Two event-oriented counseling statements dated 29 July 2013 and 30 July 2013, for ATF failure and initiation of administrative separation proceedings. 3. One NCOER covering the period of 31 March 2013 to 22 January 2014. The applicant was rated as “Marginal” and received 4/5 from the senior rater. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided the following in support of his application: a. Resume, date unknown, listed in chronological order, employment history from April 2002 to present. b. Warrior Leader Course, dated 16 May 2011 through 2 June 2011, applicant graduated Commandant’s List. c. DA Form 1059, dated 15 April 2013 through 23 May 2013, applicant achieved course standards while attending the Air Defense Artillery Advance Leader Course. d. Promotion orders, dated 23 August 2012, to Staff Sergeant effective 1 September 2012. e. Two NCOERs covering the periods of 1 April 2010 to 30 March 2013. On one report, the applicant was rated as “Among the Best” by his rater and received a “2/1” rating from his senior rater (SR). On the second report, the applicant was rated as “Fully Capable” by his rater and received a “2/2” rating from his SR. POST-SERVICE ACTIVITY: The applicant states that he has dedicated himself to recovery and a healthy lifestyle. 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 narrative reason for his discharge and RE-Code was carefully considered. However, after examining the applicant’s military records, the issues and documents submitted with the application, there were insufficient mitigating factors to merit a change to the narrative reason of the applicant's discharge to include the RE-Code. 2. The applicant was enrolled in the Army Substance Abuse Program (ASAP) 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 the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. 3. The applicant contends that a change in the narrative reason for the discharge and his reentry code would allow for his reenlistment. However, 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. 4. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 5. The applicant contends that since leaving the Army he has dedicated himself to recovery and a healthy lifestyle. The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application. However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge. 6. The record shows the proper discharge and separation authority procedures were followed in this case. 7. Therefore, the reason for discharge, to include separation code, and RE-Code, being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 24 September 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Observers/Witnesses: 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: 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) AR20140009089 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1