AR20140002679

IN THE CASE OF: Mr.

BOARD DATE: 25 June 2014

CASE NUMBER: AR20140002679
___________________________________________________________________________

Board Determination and Directed Action

1. After carefully examining the applicants record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board noted that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse and therefore, the discharge is improper. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Further, the applicant was deemed a rehabilitation failure on the same day as his enrollment into ASAP.

2. There was no evidence that the applicant tested positive for any illegal drugs nor that he refused rehabilitation. It appears the command was merely going through the motions of an ASAP enrollment, so that it could declare the Soldier an ASAP failure and discharge him. The record is devoid of any evidence the Soldier had a disciplinary record or met the criteria to be declared a rehabilitation failure. The commands statement to support the discharge is merely conclusory and lacks any factual support. Therefore, recommend a change to the narrative reason to Secretarial Authority.

3. Accordingly, the Board voted to change the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority. The Board may consider a change to the reentry eligibility (RE) code to 1.

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 general, under honorable conditions discharge to an honorable or uncharacterized characterization of service. He also requests a change to the narrative reason for his discharge and a change to his reentry code.

2. The applicant states, in effect, his discharge was hasty and undeserved. He contends he was young and immature at the time of the misconduct; however, he has learned from his mistakes and would like a second chance. He states he never tested positive on a urinalysis before or after his treatment. He successfully completed the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) but was soon discharged before his unit deployed.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 5 February 2014
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 22 July 2002
d. Reason/Authority/SPD/RE Code: Drug Rehabilitation Failure, AR 635-200,
Chapter 9, JPC, RE-4
e. Unit of assignment: A Company, 1-41st Infantry Regiment, Fort
Riley, KS
f. Current Enlistment Date/Term: 2 April 2001/3 years
g. Current Enlistment Service: 1 year, 3 months, 21 days
h. Total Service: 1 year, 3 months, 21 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: 11B10, Infantryman
m. GT Score: 93
n. Education: Some College
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: ASR
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 2 April 2001, for a period of 3 years. He was 20 years old at the time of entry and had some college. His record is void of any significant acts of valor and achievement. He completed 1 year, 3 months, and 21 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Riley, Kansas.

SEPARATION FACTS AND CIRCUMSTANCES:

1. On 10 June 2002, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 9, for drug rehabilitation failure. Specifically for his chemical dependency.

2. Based on the above, the unit commander recommended a general, under honorable conditions discharge.

3. On 11 June 2002, the applicant consulted with 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 and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.

4. On 20 June 2002, the separation authority waived further rehabilitation efforts and directed the applicants discharge with a characterization of service of general, under honorable conditions.

5. The applicant was separated on 22 July 2002, under Army Regulation 635-200, Chapter 9, with a general, under honorable conditions discharge, an SPD code of JPC, and an RE code of 4.

6. The applicants record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. A negative counseling statement, dated 13 March 2002, for consideration of separation from service for chemical dependency.

2. A memorandum from Mr. O, Assistant Clinical Director, Fort Riley Army Substance Abuse Program (ASAP), dated 14 January 2002, stated in effect, the applicant was seen in their clinic as a self-referral for chemicals. As a result he met the criteria for polysubstance dependence.

3. DA Form 8003 (Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) Enrollment), dated 27 December 2001, reflects the applicant self-referred to ADAPCP after approaching his chain of command about his drug abuse issue. The applicant was enrolled in rehabilitation on 14 January 2002.

4. DA Form 3822-R (Report of Mental Status Evaluation), dated 13 March 2002, reflects the applicant had a clear and normal thought process, was mentally responsible, and had no psychiatric illnesses at the time of evaluation.
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 30 January 2014, and self-authored statement addressing his contentions, with listed enclosures.

POST-SERVICE ACTIVITY:

The applicant states since his discharge from the Army he has earned two black belts and graduated from a 3-year apprenticeship into a laborers union; coaches MMA and martial arts and have been in the union for 10 years; and has a family of his own, with two children.

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 “JPC” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, for drug rehabilitation failure.

5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of “JPC” will be assigned an RE Code of 4.

ANALSYTSS DISCUSSION AND RECOMMENDATION:

1. The applicants request for an upgrade of the characterization, change to narrative reason for discharge and reentry code of his discharge was carefully considered.

2. After examining the applicants military records, the issues and documents submitted with the application, it appears the applicants discharge was improper.

3. The record confirms that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of an honorable characterization of service.

4. There was no evidence that the applicant tested positive for any illegal drugs nor that he refused rehabilitation. It appears the command was merely going through the motions of an ASAP enrollment, so that it could declare the Soldier a ASAP failure and discharge him. The record is devoid of any evidence the Soldier had a disciplinary record or met the criteria to be declared a rehabilitation failure. The commands statement to support the discharge are merely conclusory and lack any factual support. Therefore, recommend a change to the narrative reason to Secretarial Authority. The Board may consider a change to the applicants reentry code.

5. The record shows the proper discharge and separation authority procedures were not followed in this case.

6. Therefore, the discharge being improper, recommend the Board grant full relief by upgrading the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. The Board may consider a change to the applicants reentry code.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 25 June 2014 Location: Washington, DC

Did the Applicant Testify, No

Counsel: None

Witnesses/Observers: No

Board Vote:
Character Change: 5 No Change: 0
Reason Change: 5 No Change: 0
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214: Yes
Change Characterization to: Honorable
Change Reason to: Secretarial Authority
Change Authority for Separation: AR 635-200, Chapter 5-3
Change RE Code to: 1
Grade Restoration to: NA
Other: Separation Program Designator (SPD) to JFF
:
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) AR20140002679

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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