1. Applicant's Name: a. Application Date: 18 July 2017 b. Date Received: 24 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason for his discharge. The applicant seeks relief contending, in effect, his PTSD was diagnosed prior to his discharge. As a result of his PTSD, he started to use marijuana as a form of self-medication. He requested ASAP treatment and attended the program. His unit commander was giving out many "Pink Slip" discharges. The commander refused to follow the recommendation of his medical board. The reason for his discharge should have been for drug treatment failure, and not alcohol. He is also requesting his rank of Specialist / E-4 be reinstated. Per the Board's Medical Officer, based on the information available for review at the time, a review of military medical records indicated diagnoses of an Adjustment Disorder, Alcohol Dependence, Cannabis Abuse, Depression, and PTSD. SM self-enrolled in ASAP on 10 May 2011 for marijuana use. While enrolled, he tested positive for marijuana on urinalysis and was rendered a rehabilitative failure with a recommendation for a Chapter 9-2. While enrolled he had continued substance use and several no-shows. Treatment while in ASAP was primarily focused on Cannabis Abuse and not on Alcohol. Behavioral health treatment focused on PTSD symptoms related to 3 combat deployments and stress related to back injury (Degenerative Disc Disease), going through a divorce and other family problems (i.e. childhood abuse). Medical notes also indicated SM attributed his FTRs to sleep problems and subsequent drowsiness from sleep medications which caused problems at work. SM has a 70% service connected rating for PTSD from the VA. According to VA records he is non-compliant with treatment and has concerns related to depression, cannabis use and a personality disorder. In summary, although SM failed ASAP due to marijuana use, I recommend a narrative reason change to pattern of misconduct or minor misconduct rather than to drug rehabilitation failure. In a records review conducted at Arlington, VA on 28 March 2018, and by a 5-0 vote, the Board determined the discharge to be both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214 contains erroneous entries in block 26, separation code as "JPD," block 27, reentry code as "3," and block 28, narrative reason for separation as "Alcohol Rehabilitation Failure." In view of the errors, the Board directed the following administrative corrections as reflected in the separation proceedings as basis for the applicant's discharge: a. block 26, separation code to "JPC," b. block 27, reentry code to "4," and c. block 28, reason for separation to "Drug Rehabilitation Failure." (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Alcohol Rehabilitation Failure / AR 635-200, Chapter 9 / JPD / RE-3 / Honorable b. Date of Discharge: 3 November 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 October 2011 (NIF) (2) Basis for Separation: The applicant was informed of the following reasons: The applicant self-enrolled in the Army Substance Abuse Program on 10 May 2011 for marijuana use. On 13 May 2011, he tested positive for marijuana use and disclosed to his ASAP counselor that he used marijuana between 02 July 2011 and 17 July 2011. He failed to attend regularly scheduled sessions since 24 August 2011. After careful consideration, it is determined with his rehabilitation team that further attempts are not practical, and that he was a drug rehabilitation failure. Furthermore, he failed to go to his appointed place of duty on 3 November 2010, 25 April 2011, 30 April 2011, 6 May 2011, 10 May 2011, 17 May 2011 and 25 July 2011. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: Waived, 18 October 2011 (5) Administrative Separation Board: Waived, 18 October 2011 (6) Separation Decision Date / Characterization: 18 October 2011 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 August 2010 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91D10, Power-Generator Equipment Repairer / 7 years, 2 months, 24 days d. Prior Service / Characterizations: RA (10 August 2004 to 18 August 2010) / HD e. Overseas Service / Combat Service: SWA / Iraq (3 March 2005 to 21 February 2006), (26 October 2006 to 13 January 2008), (4 February 2009 to 28 January 2010) f. Awards and Decorations: ARCOM-2; AAM; AGCM-2; NDSM; ICM-4CS; ASR; OSR-3; MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 25 May 2011, for failing to go to his appointed place of duty at the prescribed time on several separate occasions, on 3 November 2010, 25 April 2011, (an annotated continuation sheet is NIF). The punishment consisted of a reduction to E-3 (suspended), forfeiture of $455, 14 days of extra duty, and an oral reprimand. Record of Supplementary Action Under Article 15, UCMJ, dated 27 July 2011, indicates the punishment of a reduction to E-3 imposed on 31 May 2011 (sic), was vacated based on the applicant failing to go to his appointed place of duty at the prescribed time on 25 July 2011. Memorandum for the commander, dated 30 September 2011, rendered by the ASAP Clinical Director, recommended the applicant be declared a rehabilitation failure as his prognosis for continued abstinence and sobriety was poor-he admitted using marijuana during a block leave, and he had not pursued further ASAP treatment after being a no-show for a session on 24 August 2011. CG Article 15, dated 6 October 2011, for failing to go to his appointed place of duty at the prescribed time on two separate occasions, on 9 and 20 September 2011. The punishment consisted of a reduction to E-2 (suspended), forfeiture of $383 (suspended), and 14 days of extra duty. Memorandum for Record, dated 11 October 2011, rendered by the unit commander, indicates the applicant self-enrolled into ASAP for marijuana use, and after two months of treatment, he tested positive for marijuana. After consulting with the rehabilitation team, the commander determined the applicant was a rehabilitative failure. Memorandum, dated 18 October 2011, subject: Commander's Report [the applicant], indicates the applicant was "a drug rehabilitation failure." Negative counseling statements for failing to go to his appointed place of duty at the prescribed time on numerous occasions; Record of Supplementary Action Under Article 15, UCMJ, dated 2 November 2011, indicates the punishments of a reduction to E-2 and forfeiture of $383 imposed on 6 October 2011, were vacated based on the applicant failing to go to his appointed place of duty at the prescribed time on 1 November 2011. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 18 July 2017; DD Form 214; discharge orders; and separation packet. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 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 "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. 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 8. DISCUSSION OF FACT(S): The applicant requests to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant was enrolled in the Army Substance Abuse Program (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 applicant's actions and after consultation with the drug and alcohol abuse counselor, the command declared the Soldier a drug rehabilitation failure. The evidence of record establishes the fact that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. The service record further reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 26, separation code as "JPD," block 27 reentry code as "3," and block 28, narrative reason for separation as "Alcohol Rehabilitation Failure." Therefore, as reflected in the separation proceedings as basis for the applicant's discharge, the following administrative corrections are warranted: a. block 26, separation code to JPC; c. block 27, reentry code to 4; and d. block 28, reason for separation to Drug Rehabilitation Failure. The applicant's contentions regarding his behavioral health issues which involved a diagnosis of PTSD, were carefully considered. However, the service record contains no evidence of Post- Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence of a PTSD diagnosis to support the contention that the discharge was the result of any medical condition. The applicant contends his rank of Specialist/E-4 should be reinstated. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 March 2018, and by a 5-0 vote, the Board determined the discharge to be both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214 contains erroneous entries in block 26, separation code as "JPD," block 27, reentry code as "3," and block 28, narrative reason for separation as "Alcohol Rehabilitation Failure." In view of the errors, the Board directed the following administrative corrections as reflected in the separation proceedings as basis for the applicant's discharge: a. block 26, separation code to "JPC," b. block 27, reentry code to "4," and c. block 28, reason for separation to "Drug Rehabilitation Failure." 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Drug Rehabilitation Failure d. Change Authority to: No Change e. Change SPD Code to: Change SPD Code to JPC f. Change RE Code to: Change RE code to 4 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 AR20170014532 1