AR20140003331

IN THE CASE OF: Mr.

BOARD DATE: 10 April 2015

CASE NUMBER: AR20140003331
___________________________________________________________________________

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.

2. The applicant states, in effect, his action was not misconduct and he should not be punished. He came forward for help, identified himself as having alcohol, drugs, and suicide issues on several occasions and he was chaptered out the military. He states, his alcohol and drug incidents did not led to his Chapter 9. His Chapter 9 was not due to a DUI or a positive urinalysis, it was due to too many self referred Army Substance Abuse Program (ASAP) enrollments. The applicant states, in effect, a printout of his drug test results from the ASAP at Joint Base Lewis-McChord (JBLM), WA, which shows one positive UA when he first self enrolled into the program. He also states the characterization of service he received disqualifies him from receiving civil service credit and he should not lose his civil service time.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 19 February 2014
b. Discharge received: General, Under Honorable Conditions
c. Date of Discharge: 1 February 2014
d. Reason/Authority/SPD/RE: Alcohol Rehabilitation Failure, Chapter 9, AR 635-200, JPD, RE-4
e. Unit of assignment: Headquarters and Headquarters Company, 296th Brigade Support Battalion Joint Base Lewis-McChord, WA
f. Current Enlistment Date/Term: 14 December 2012, 3 years
g. Current Enlistment Service: 6 year, 0 months, 16 days
h. Total Service: 6 year, 0 months, 16 days
i. Time Lost: None
j. Previous Discharges: USAR, (071211-080115), NA RA, (080116-101207), HD RA, (101208-121213), HD
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: 92G10, Food Service Specialist 92F10, Petroleum Supply Specialist
m. GT Score: 119
n. Education: 13 years
o. Overseas Service: SWA
p. Combat Service: Afghanistan (090603-100531)
q. Decorations/Awards: 2 ARCOM, 2 AAM, AGCM, NDSM, ACM-CS, GWTSM, ASR, OSR, NATOMDL, CAB, AIR ASLT
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: Yes
u. Prior Board Review: No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 16 January 2008 for 4 years and 23 weeks. On 8 December 2010, the applicant reenlisted for a period of 3 years. On 14 December 2012, the applicant reenlisted again for a period of 3 years. He was 29 years old at the time and had
13 years of education. He served a combat tour in Afghanistan between 3 June 2009 and
31 May 2010. His record indicates he was awarded 2 ARCOMs, 2 AAMs, and AGCMs. When his discharge proceedings were initiated he was serving at Joint Base Lewis-McChord, WA.

SEPARATION FACTS AND CIRCUMSTANCES:

1. On an undated memorandum, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, because the applicant was enrolled in the Army Substance Abuse Program (ASAP) residential treatment for twenty-eight (28) days; the intensive outpatient treatment (IOT) counseling/therapy sessions three times per week for four weeks; and individual counseling sessions once per month, to include monthly urinalysis testing for the duration of treatment, random breathalyzers and enrollment and attendance of Alcoholics/ Narcotics Anonymous meetings two to four times per week.
On 6 June 2013, the applicant was referred to ASAP through medical identification and subsequently enrolled into ASAP. On 25 June 2013, he was declared a Substance Abuse Rehabilitation failure by the ASAP. The commander recommended separation from the Army with an honorable discharge.

2. On 7 October 2013, 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.

3. On 25 October 2013, the separation authority approved the proposed action and directed the applicants discharge with a characterization of service of general, under honorable conditions.

4. The applicants record does not contain any evidence of actions under the Uniform Code of Military Justice and there are no periods of lost time.

5. The applicant was separated on 1 February 2014, under 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. His DD Form 214 shows he was an E-4/SPC at the time of his discharge.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

Negative counseling statements dated 7 May 2013, for divulging erroneous information and the deliberate assertion of a fabricated accusation with the intent to deliberately place a demeaning indentation on the reputation of the staff, the office, and the JBLM Reception Center.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided two DD Form 293, dated 14 February 2014; DD Form 149, dated
14 February 2014; a copy of his ADAPT Background Check; and, a copy of his driving record, dated 17 December 2013.

POST-SERVICE ACTIVITY:

The applicant did not provide any with the 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 was carefully considered. However, after examining the applicants military records and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge.

2. The applicant was enrolled in the 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 applicants 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 contends he self enrolled into the ASAP. According to the regulation, if a Soldier is enrolled into the program and failed to succeed after several attempts, there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical; and, initiation of separation proceedings is required for Soldiers designated as alcohol/drug rehabilitation failures.

5. The applicant further contends his characterization of service disqualifies him from receiving civil service preference. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

6. The records show the proper discharge and separation authority procedures were followed in this case.

7. 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 April 2015 Location: Washington, DC

Did the Applicant Testify, NA Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change: 2 No Change: 3
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) AR20140003331

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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