1. Applicant's Name: a. Application Date: 3 June 2015 b. Date Received: 26 May 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a reentry code (RE) change. The applicant seeks relief contending, in effect, his discharge was inequitable because it was based on one isolated incident in 61 months of service, which included a tour in Iraq. He went in the Army Substance Abuse program on his own and he told his first sergeant he was having marital problems. He went for help in this matter because he was only 22 at the time and he did not know what to do. He states he went on a binge, but he was never late for work and he never received any disciplinary action. He states it all started when his wife at the time, started using prescription pills and he ended up having a problem with her. He further contends she was taking money and he ended up on a friend's couch for a while. After he left, she called his unit over and over to try to get more money from him. This is when his unit started his separation under a Chapter 9, Alcohol Failure. He states that alcohol failure was not the case, as he had completed the Army Substance Abuse Program and was released. Less than a week later, the commander had signed the packet and there was nothing more that he knew to do until recently. Now that he has received some information, he believes he could have tried to fight the matter and stayed in the Army. Since his discharge, he has kept a great job and had a contract bought out from a company that hired him. He is a volunteer firefighter for his community and has his first son on the way. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's narrative reason for discharge, and its corresponding RE code, are proper. In a records review conducted at Arlington, VA on 11 August 2017, 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 / Honorable b. Date of Discharge: 18 July 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 June 2012 (2) Basis for Separation: The applicant was informed of the following reasons: His inability to be rehabilitated and it was unlikely that further efforts to rehabilitate him into a satisfactory Soldier would be successful. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: On 19 June 2012, the applicant waived his rights to consult with legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 July 2012 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 December 2009 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Spec/ 5 years, 1 month, 7 days d. Prior Service / Characterizations: USAF, 12 June 2007 - 2 July 2008 / HD RA, 2 July 2008 - 3 December 2009 / HD e. Overseas Service / Combat Service: SWA / Iraq (19 March 2009 - 17 March 2010) f. Awards and Decorations: JSCM, JSAM, AAM, JMUA, USAFOUA, PUA, AGCM, NDSM GWOTSM, ICM-CS, NCOPDR, ASR, OSR, USAF Training Ribbon g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summary of Army Substance Abuse Program Rehabilitation Failure (memo), dated 11 April 2012, reflects the applicant's rehabilitation team met on 11 April 2012, and, determined the applicant had not made satisfactory progress toward achieving the criteria for successful rehabilitation as outlined in AR 600-85, para 3-2 and 3-3. Further rehabilitation efforts in a military environment were not justified in light of the applicant's lack of progress. Discharge from military service should be effected. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 10 May 2012, reflects the applicant received inpatient treatment for drugs 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: Has maintained steady employment and volunteers as a firefighter in his community. 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. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 8. DISCUSSION OF FACT(S): The applicant requests a reentry (RE) code change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record indicates that on 11 April 2012, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure. The applicant did not have the potential for continued military service because his level of need for medication management and length of treatment exceeded what was available in the Active Duty Army. The applicant contends his RE code should be changed. However, 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, 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. Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant desires to rejoin the Military Service. However, 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. The Army Discharge Review Board is authorized to consider post-service factors in the characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 11 August 2017, 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160009568 4