IN THE CASE OF: BOARD DATE: 10 June 2015 CASE NUMBER: AR20140010856 ___________________________________________________________________________ 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 an upgrade of his general, under honorable conditions discharge characterization of service to honorable. 2. The applicant states, in effect, since leaving the military he has been an outstanding citizen within his community. He did not present any issues of equity or propriety for the Board to consider. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 16 June 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 19 December 2013 d. Reason/Authority/SPD/RE Code: Alcohol Rehabilitation Failure, AR 635-200, Chapter 9, JPD, RE-4 e. Unit of assignment: HHC, 203rd Brigade Support Battalion, Fort Benning, GA f. Current Enlistment Date/Term: 1 November 2011/4 years g. Current Enlistment Service: 2 years, 1 month, 19 days h. Total Service: 2 years, 1 month, 19 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 88N10, Transportation Management Coordinator m. GT Score: 100 n. Education: HS Graduate o. Overseas Service: Kuwait (120611-130212) p. Combat Service: None q. Decorations/Awards: AAM, NDSM, GWOTSM, GWOTEM, ASR, OSR 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 1 November 2011, for a period of 4 years. He was 20 years old at the time of entry and a high school graduate. He served in Kuwait, earned an AAM and completed 2 years, 1 month, and 19 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Benning, GA. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record indicates that on 7 June 2013, the applicant was command-directed for enrollment into the Army Substance Abuse Program (ASAP) with outpatient treatment. He was scheduled to attend individual and/or group sessions on weekly basis. 2. On 28 August 2013, the unit commander in consultation with the Clinical Program Manager/ ASAP, declared the applicant a rehabilitation failure. 3. On 16 October 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, because on 28 August 2013, he was declared an alcohol or drug abuse rehabilitation failure. Specifically for failing to report for duty, smelling of alcohol, and being administered a breathalyzer indicating a breath alcohol content of 0.051 and on divers occasions he failed to report to duty. 4. 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. 5. On 29 October 2013, the applicant consulted with legal counsel, was advised of 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. 6. On 2 December 201, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 7. The applicant was separated on 19 December 2013, under the provisions of Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure, with a general, under honorable conditions discharge, an SPD code of JPD and a reentry code of 4. 8. The applicant’s DD Form 214 does not reflect any periods of time lost or unauthorized periods of absence. However, a memorandum dated 1 August 2013, indicates the applicant was AWOL on 12 July 2013. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Memorandum, dated 28 August 2013, reflects the applicant was determined to be an alcohol rehabilitation failure. 2. DA Form 8003 (ASAP Enrollment), dated 7 June 2013, reflects the applicant was command-referred for enrollment into ASAP for drinking during duty. 3. Article 15, dated 9 September 2013, for failing to go at the time prescribed to his appointed place of duty, to wit: accountability formation and sign in at the staff duty desk on 11 July 2013 and 7 August 2013. The punishment consisted of a reduction to the grade of E-1 (suspended), forfeiture of $353 pay (suspended), and 14 days of extra duty (CG). 4. Article 15, dated 5 June 2013, for failing to go at the time prescribed to his appointed place of duty, to wit: accountability formation, on 1 May 2013 and 2 May 2013. The punishment consisted of a reduction to the grade of E-2 and forfeiture of $396 pay (suspended) (CG). 5. A memorandum, dated 2 May 2013, reflects the applicant was administered a breathalyzer test to determine if he was drunk on duty. The applicant failed to be at his appointed place of duty, to wit: accountability formation and he was found in his room in civilian clothes with a strong smell of alcohol. 6. A memorandum, dated 1 August 2013, reflects the applicant was AWOL on 12 July 2013. 7. Several negative counseling statements, dated between 1 May 2013 and 4 September 2013, for Chapter 9 separation action, corrective action for failing to report, being an ASAP failure, failing to follow instruction, missing formation, no contact order, and recommendation for UCMJ action. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 11 June 2014, a DD Form 214, and five letters of support. POST-SERVICE ACTIVITY: The applicant states he has been an outstanding citizen within his community since his discharge. 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 an upgrade of the characterization of his discharge 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 an upgrade of the applicant's 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. The evidence of record establishes the fact the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. 3. The applicant's post-service accomplishment of being an outstanding member of his community since his discharge was considered. 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 and characterization of service granted. The third party statements provided with the application speak highly of the applicant’s performance. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 4. The record shows the proper discharge and separation authority procedures were followed in this case. 5. Therefore, 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: 10 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: 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) AR20140010856 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1