1. APPLICANT’S NAME: a. Application Date: 26 May 2015 b. Date Received: 29 May 2015 c. Counsel: Yes 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of his discharge from general, under honorable conditions to honorable, and to change the narrative reason for his discharge. The counsel on behalf of the applicant states, in pertinent part and in effect, the applicant’s goals to further his career with more growth opportunities are very limited due to his undesirable discharge. He served over three years. He wished to be counted among the honorably discharged veterans he considers as family. In the interest of justice, request for reconsideration is appropriate and warranted. Furthermore, on September 3, 2014, the Secretary of Defense issued a memorandum providing guidance to the Military Department Boards for Correction of Military/Naval Records regarding under other than honorable conditions discharge upgrade requests by veterans claiming Post Traumatic Stress Disorder (PTSD). This specifically applies to the applicant in the present case. He has provided evidence to support this fact. He respectfully requests an upgrade of his discharge to honorable, and to change the narrative reason to “Secretarial Authority and an upgrade of his RE code to RE-1. Evidence to support his upgrade request will be presented to the Board for consideration. After carefully examining the applicant’s record of service during the period of enlistment under review, the Board determined the characterization was improper upon noting the government introduced documents 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 AR 600-85. Use of this information mandates award of an honorable characterization of service. Accordingly, in a Records Review Board hearing conducted at Arlington, Virginia, on 8 February 2016, and by a 5-0 vote, the Board voted to change the characterization of service to honorable. However, the Board found the reason for discharge was fully supported by the record and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Drug Rehabilitation Failure / AR 635-200, Chapter 9 / JPC / RE-4 / General, Under Honorable Conditions b. Date of Discharge: 24 July 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 June 2012 (2) Basis for Separation: The applicant was informed of the following reasons: He was deemed an Army Substance Abuse Program (ASAP) failure after testing positive for the illegal use of heroin, cocaine, and morphine. The commander, in consultation with the rehabilitation team, has determined that further rehabilitative efforts were not practicable, rendering the rehabilitation a failure. He also drove under the influence of alcohol on 2 March 2012. (3) Recommended Characterization: General, Under Honorable Conditions discharge (4) Legal Consultation Date: 29 June 2012 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 6 July 2012 / General, Under Honorable Conditions discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 17 April 2008 / 4 years, 17 weeks b. Age at Enlistment/Education/GT Score: 21 / HS Graduate / 129 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B10, Infantryman / 4 years, 3 months, 8 days d. Prior Service/Characterizations: None / NA e. Overseas Service/Combat Service: SWA / Iraq (14 December 2009-13 December 2010) f. Awards and Decorations: ARCOM; AGCM; NDSM; ICM-CS; ASR; OSR; MUC g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Army Substance Abuse Program (ASAP) Enrollment, dated 29 March 2011, indicates the applicant self-referred for opiates use. A urinalysis results report, dated 7 February 2012, indicates the specimen collected on 20 January 2012, on an IR (Inspection, Random) basis had tested positive for cocaine, morphine, and heroin. Negative counseling statement for testing positive for cocaine, heroin, and opium during a urinalysis; being declared alcohol and other drug abuse rehabilitation failure; driving with no headlights; driving under the influence of alcohol; being arrested by a civilian police department; and failing to be at his appointed place of duty at the prescribed time. Memorandum, dated 20 February 2012, subject: Summary of Army Substance Abuse Program (ASAP) Rehabilitation Efforts for [the applicant], indicates the applicant had self-referred on 31 March 2011 for being out of control with “opioids” use. Although, efforts and resources have been made available to the applicant to assist in rehabilitation, on 8 February 2012, the commander reported the applicant tested positive for heroin, cocaine, and morphine on his last urinalysis. The command determined the applicant failed to comply with treatment plans and goals, and with the considered opinion of the ASAP staff, in consultation with the command, it was recommended the applicant be separated from the military service as a rehabilitation failure. Reports of Medical History and Medical Assessment, dated 22 February 2012, notes the applicant’s behavioral health issues and treatment. Report of Mental Status Evaluation, dated 7 March 2012, indicates the applicant’s diagnosis was substance abuse disorder, and had negative screenings for PTSD and mTBI. The report further remarked the applicant present to the DBH for escalated anxiety and depressed moods, but did not endorse or present symptoms of significant mental health disorder or defect. He was cleared for any administrative action deemed appropriate by his command. FG Article 15, dated 3 April 2012, for wrongfully using morphine between 15 January 2012 and 20 January 2012, wrongfully using heroin between 16 January 2012 and 20 January 2012, and wrongfully using cocaine between 17 January 2012 and 20 January 2012. The punishment consisted of a reduction to E-1, forfeiture of $745 pay per month for two months (suspended), and 45 days of extra duty and restriction. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Behavioral health issues and treatment noted in the applicant’s reports of medical history and medical assessment. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 for service under current review and counsel-authored brief. 6. POST SERVICE ACCOMPLISHMENTS: The counsel on behalf of the applicant states, in effect, since the applicant’s discharge, he is pursuing a college degree, a pre-med student, and desires to become a neurologist. He developed himself into a model citizen, attended narcotics anonymous meetings, achieved a two-year sobriety coin in December 2014, and has been sober for over two and one-half years. 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 ISSUE(S): The applicant requests an upgrade of the characterization of his discharge from general, under honorable conditions to honorable, and to change the narrative reason for his discharge. After examining the applicant’s military records, and the issues and documents submitted with the application, it appears the characterization of the applicant’s discharge was improper. The record confirms that the government introduced documents 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 AR 600-85. Use of this information mandates award of an honorable characterization of service. The narrative reason for the applicant’s separation and its associated separation and reentry codes are governed by specific directives. The narrative reason specified by Army Regulations for a discharge under this chapter is “Alcohol Rehabilitation Failure,” and the separation code is JPD. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150009500 3