IN THE CASE OF: BOARD DATE: 3 June 2015 CASE NUMBER: AR20140009598 ___________________________________________________________________________ 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 upgrade the characterization of his service from general, under honorable conditions to fully honorable, and to change the narrative reason for his discharge. 2. The applicant states, in effect, an upgrade and changes to the narrative reason and the reentry code would allow him to reenlist, obtain an employment with his veteran status, and use his GI Bill benefits. He no longer has issues with alcohol since his discharge. He is a member of his community volunteer fire department and VFW post where he held the adjutant position. He is also employed full-time. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 28 September 2011 d. Reason/Authority/SPD/RE Code: Alcohol Rehabilitation Failure, AR 635-200, Chapter 9, JPD, RE-4 e. Unit of assignment: HQ Co, 3-66 Armor Bn, 172nd IN Bde (Rear) (Provisional), Grafenwoehr, Germany f. Current Enlistment Date/Term: 6 May 2009, 3 years, 25 weeks g. Current Enlistment Service: 2 years, 4 months, 23 days h. Total Service: 2 years, 4 months, 23 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 91M10, Bradley Fighting Vehicle System Maintainer m. GT Score: 103 n. Education: HS Graduate o. Overseas Service: Germany p. Combat Service: None q. Decorations/Awards: NDSM; GWOTSM; ASR; OSR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 6 May 2009, for a period of 3 years and 25 weeks. He was 18 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 91M10, Bradley Fighting Vehicle System Maintainer. He served in Germany. His record documents no acts of valor or significant achievement. He completed 2 years, 4 months, and 23 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record indicates on 1 September 2010, the applicant completed the Prime for Life Training and was not enrolled in ASAP for further services at that time. However, he was command-referred into ASAP on 14 February 2011, due to being drunk on duty. He began weekly group sessions with a diagnosis of alcohol dependence. On 9 March 2011, he reported he was involved in a fight at a bar while intoxicated and then drove an automobile erratically while under the influence of alcohol. On 18 April 2011, the applicant began a six-week residential program with the Army Treatment Facility (ATF). Subsequently, according to ATF, he was considered a treatment failure because of his noncompliance to treatment, and for violating hospital rules. He also violated his ASAP contract due to consuming alcohol in March 2011, while in treatment. 2. On 1 June 2011, a memorandum to the unit commander from the Clinical Program Manager/Army Substance Abuse Program (ASAP) indicates the applicant failed to respond to rehabilitation and was considered a rehabilitation failure. 3. On 26 August 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, for being an alcohol rehabilitation failure, specifically for the following incidents: a. being considered a rehabilitation failure due to noncompliance with ASAP recommendations and failure to meet ASAP requirements 110601; b. being enrolled in ASAP (110214), for being drunk on duty; c. reporting (110309) that he was involved in a bar fight while intoxicated and then drove an automobile erratically; and d. making statements to other Soldiers that his noncompliance with treatment was part of his plan to secure an early honorable discharge from the Army. 4. The unit commander advised the applicant of his rights, and recommended a general, under honorable conditions discharge and waiver of any rehabilitation measures. 5. On 30 August 2011, the applicant waived 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 with a general, under honorable conditions discharge. 6. On 8 September 2011, the separation authority approved the proposed action and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 7. On 22 April 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 8. The applicant was separated on 28 September 2011, under Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure, with a general, under honorable conditions discharge, a SPD code of JPD, and a reentry code of 4. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Article 15, dated 15 February 2011, for failing to be at his appointed place of duty at the prescribed time (110114) and being incapacitated for the proper performance of his duties (110114). The punishment consisted of a reduction to the grade of E-1, forfeiture of $342, and 14 days of extra duty and restriction, (CG). 2. A negative counseling statement, dated 15 June 2011, for being notified of an impending administrative separation; being given an adequate amount of time for rehabilitation and retention; and the consequences of not being able to perform up to standard or inability to be rehabilitated. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a self-authored statement and his Joint Services transcript. POST-SERVICE ACTIVITY: The applicant states, in effect, since his discharge, he no longer has issues with alcohol. He is a member of his community volunteer fire department and VFW post where he held the adjutant position. He is also employed full-time. REGULATORY AUTHORITY: 1. 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. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and to change the narrative reason for his discharge was carefully considered. However, after examining the applicant’s military records, and the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or to change the narrative reason for his discharge. 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. 3. The evidence of record confirms the fact the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. The general, under honorable conditions discharge was appropriate because the quality of his service was not consistent with the Army standards for acceptable personal conduct and performance of duty by military personnel. 4. The applicant expressed his desire to rejoin the Service, to have better job opportunities using his status as a veteran, and the benefits of the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 not eligible to reenlist. Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Moreover, the Board does not grant relief for the purpose of attaining veteran’s benefits. 5. The applicant’s post-service accomplishments have been noted as outlined on the application. However, in review of the applicant’s entire service record and the reasons for the discharge, it appears these accomplishments do not overcome the reason for discharge and characterization of service granted. 6. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 9, AR 635-200 with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Alcohol Rehabilitation Failure," and the separation code is "JPD." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 7. In view of the foregoing, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 3 June 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 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: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: 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 FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ADRB Case Report and Directive (cont) AR20140009598 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1