1. Applicant's Name: a. Application Date: 25 January 2017 b. Date Received: 27 January 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, her discharge was due to consecutive ASAP enrollments/failures. Her first command-directed ASAP enrollment was due to her implication in a CID/law enforcement investigation along with some other Soldiers. While they were found guilty and discharged, she was exonerated and found not to be guilty of any involvement with the events that spawned the investigation, but the ASAP enrollment remained, which she completed as directed. However, another alcohol-related incident caused for the second command-directed ASAP enrollment. This subsequent enrollment placed her within guidelines, policies, and procedures that prompted her discharge for ASAP failure. She is not debating the validity of the event that prompted the second ASAP enrollment. However, her service record shows no other cause for any adverse actions against her, to include being cleared of any potential charges from the investigation she was included in, and completion of the first ASAP enrollment. Her actions and professionalism during her service, the outcome of the investigation, and completion of the ASAP enrollment warrant an upgrade of her discharge. In a records review conducted at Arlington, VA on 2 May 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Alcohol Rehabilitation Failure / AR 635-200, Chapter 9 / JPD / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 7 December 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 November 2015 (2) Basis for Separation: The applicant was informed of the following reasons: She was enrolled in the Army Substance Abuse Program for alcohol abuse on 17 April 2015. Because she failed to demonstrate commitment to her treatment for alcohol abuse, her commander and the rehabilitative team determined her an alcohol rehabilitation failure. Specifically, she was arrested by the Fairbanks Police for driving under the influence on 17 October 2015, and she refused to submit to a Data Master brand breathe test. As part of her treatment, she was to abstain from consuming alcohol. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 18 November 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: In an undated memorandum / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 February 2014 / 3 years, 30 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91S10, Stryker Systems Maintainer / 1 year, 10 months, 5 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: AAM; NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for being arrested for DUI; refusing the breathalyzer test; and demonstrating a pattern of misconduct. MP Report, dated 17 October 2015, with civilian incident/investigation report, indicate the applicant was the subject of an investigation for driving under the influence - without personal injury. Memorandum, dated 21 October 2015, rendered by the ASAP Clinical Director, indicates the applicant was command-referred on 17 April 2015 for use of alcohol, and that she received a DUI on 18 October 2015. Accordingly, the rehabilitation team with the commander determined the applicant was a rehabilitation failure. CID Report, dated 18 December 2015, indicates the applicant was the subject of an investigation for wrongful use of cocaine and underage drinking (date of occurrence as 14 November 2014). i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 25 January 2017; Prime for Life certificate, dated 18-19 May 2015; four character reference statements; community service letter of verification, dated February thru July 2016; academic transcript, dated 20 January 2017; Department of Corrections letter, dated 29 November 2016; Substance Abuse Counseling Services letter, dated 18 May 2016; certificate of completion, dated 18 May 2016; and background check letter, dated 13 January 2017. 6. POST SERVICE ACCOMPLISHMENTS: The applicant's documentary evidence shows she participated in and assisted with several community service events; attended college, per transcript; and successfully completed the alcohol and drug evaluation, dated 18 May 2016. 7. REGULATORY CITATION(S): 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. 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. 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. 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 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with her application were carefully reviewed. The record confirms 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, an alcohol rehabilitation failure. The evidence of record establishes the fact that the applicant was properly counseled and afforded a reasonable opportunity to overcome her problems. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that she should have been retained on Active Duty. In consideration of the applicant's service accomplishments and quality of her service prior to the incidents of misconduct, and her post-service accomplishments, the Board can find that her complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of her characterization of service. 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 her overall service record. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 2 May 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20170001538 1