AR20140002398

IN THE CASE OF: Mr.

BOARD DATE: 23 January 2015

CASE NUMBER: AR20140002398
___________________________________________________________________________

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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable and a change to the narrative reason for separation.

2. The applicant states, in effect, he was not an alcohol rehabilitation failure; he was never enrolled in or sent to the Army Substance Abuse Program (ASAP); and he was not alcohol dependent. He feels the characterization of his discharge does not fit what actually happened. He also feels he did not deserve a general discharge; he received numerous counseling statements, foreign awards, and a good conduct medal; he worked for the Army, serving for five and a half years making the rank of Sergeant. He desires to reenter the Army and continue his career or have a job on the economy.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 3 February 2013
b. Discharge received: General, Under Honorable Conditions
c. Date of Discharge: 24 October 2012
d. Reason/Authority/SPD/RE: Alcohol Rehabilitation Failure, Chapter 9, AR 635-200, JPD, RE-4
e. Unit of assignment: B Troop, 6-1st Cavalry Regiment, 1st Brigade Combat Team, Fort Bliss, TX
f. Current Enlistment Date/Term: 27 April 2010, 4 years
g. Current Enlistment Service: 2 years, 5 months, 28 days
h. Total Service: 5 years, 5 months, 1 day
i. Time Lost: None
j. Previous Discharges: RA (070524-100426)/HD
k. Highest Grade Achieved: E-5
l. Military Occupational Specialty: 13F20, Fire Support Specialist/42A20, Human Resources Specialist
m. GT Score: 98
n. Education: GED Certificate
o. Overseas Service: Germany
p. Combat Service: None
q. Decorations/Awards: AAM, AGCM, NDSM, GWOTSM, NPDR, ASR, OSR-2
r. Administrative Separation Board: No
s. Performance Ratings: NIF
t. Counseling Statements: NIF
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 24 May 2007, for a period of 4 years and 20 weeks. He was 17 years old at the time of entry with a GED Certificate. He was trained in and awarded military occupational specialty (MOS) 42A20, Human Resources Specialist. He reenlisted on 27 April 2010, for a period of 4 years and was 20 years old at the time. He subsequently trained in and was awarded military occupational specialty (MOS) 13F20, Fire Support Specialist. His record does not show he served in combat, he earned several awards including an AAM, and an AGCM; and he achieved the rank of SGT/E-5. He was serving at Fort Bliss, TX when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The applicants service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants digital signature.

2. The DD Form 214 indicates on 24 October 2012, the applicant was discharged under the provisions of Chapter 9, AR 635-200, for alcohol rehabilitation failure, with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JPD and a reentry (RE) code of 4.

3. The applicants available record does not contain any recorded actions under the Uniform Code f Military Justice (UCMJ), unauthorized absences, time lost or negative counseling statements.

4. On 19 October 2012, DA HQS, 1st Armored Division & Fort Bliss, Fort Bliss, TX, Orders Number 293-0098, discharged the applicant from the Army effective 24 October 2012.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. Two Enlistment/Reenlistment documents dated, 24 May 2007 and 27 April 2010.

2. Discharge Orders 293-0098, dated 19 October 2012.

3. DD Form 214, dated 24 October 2012.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application (seven pages), AGCM Orders 10-106-003, DA Form 268 (Recommendation for Award), certificate, graduation, DA Form 1059 (Service School Academic Evaluation Report), two PMOS Orders 274-606 314-448, three DA Forms 705 (Army Physical Fitness Scorecard), two German orders, drivers badge orders 10-271-001, three certificates of appreciation, two certificates of achievement, memorandum, award letter of continuity (two pages), PCS orders 275-458 (two pages), e-mail, approval in place consecutive overseas tour, Enlisted Record Brief (ERB), promotion orders 005-03, memorandum, assumption of command, and several DA Forms 4856 (Developmental Counseling Form).

POST-SERVICE ACTIVITY:

The applicant did not provide any information with 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 applicants 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 applicants request for an upgrade of the characterization of his discharge and a change to the narrative reason for separation was carefully considered. However, after examining the applicants record of service, his available military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge or a change to the narrative reason for separation.

2. The only pertinent evidence available for review regarding the applicant’s discharge is the DD Form 214, Certificate of Release or Discharge from Active Duty, which was authenticated by the applicant digital signature. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 9, AR 635-200, for alcohol rehabilitation failure.

3. For this type of discharge, the applicant would have been enrolled in the ASAP and would have been 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. In as much, as the applicant’s official record is void of the circumstances leading to his discharge, it is presumed that he was identified as a rehabilitation failure subsequent to his enrollment in the ASAP program. Therefore, it is also presumed that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems, and chose not to avail himself to this opportunity.

4. The applicant requested a change to the narrative reason for discharge. 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.

5. The applicant contends he was not an alcohol rehabilitation failure; he was never enrolled in or sent to the ASAP; and he was not alcohol dependent. There is insufficient evidence available in the official record to make a determination as to whether the applicants contentions have merit. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicants statement alone does not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.

6. The applicant further contends the characterization of his discharge does not fit what actually happened. He also feels, he did not deserve a general discharge; he received numerous counseling statements, foreign awards, and a good conduct medal; he worked hard for the Army, serving for five and a half years making the rank of Sergeant. The applicants service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding were carefully considered. However, in regards to the available record this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge.

7. The applicant desires to reenter the Army and continue his career or have a job on the economy. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

8. Further, 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.

9. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Boards consideration because they are not available in the official record.

10. Therefore, based on the available evidence and government presumption of regularity, it appears the reason for discharge and the characterization of service was both proper and equitable, the analyst recommends the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 23 January 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) AR20140002398

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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