1. Applicant's Name: a. Application Date: 22 October 2016 b. Date Received: 3 November 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable, and changes to the narrative reason for separation and reentry code. The applicant states, in pertinent part and in effect, he was enrolled in ASAP due to false drunk on duty accusations. He was never counseled nor did he receive an Article 15 for the incident. He completed and received a certificate for the rehabilitation process. He was enrolled in ASAP again after he and his wife had an altercation, even though alcohol was not a big factor, but had used it at the moment of the altercation. He was instructed to go through the process of ASAP for 90 days at the insistence of the counselor, while he believed he was fine and did not have an issue. He was not a bad Soldier-he did his job and completed what was required of him. His reentry code is wrong because he completed both ASAP enrollments. If given the chance to serve again, he will be the best Soldier-he does not see himself doing anything else. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters from February 2013 thru December 2015. Clinical notes reviewed from March 2013 thru September 2015. Radiology reports reviewed from August 2014 and September 2015. Laboratory results reviewed from February 2013 thru July 2015. A limited review through the JLV (Joint Legacy View er) of the applicant's Veterans Affairs records note 23 problems (one VA-entered: tobacco use). The Veterans Affairs has not service-connected the applicant. In a personal appearance hearing conducted at Arlington, VA on 10 April 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 / General (Under Honorable Conditions) b. Date of Discharge: 15 December 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 October 2015 (2) Basis for Separation: On 14 July 2015, while the applicant was enrolled into the Army Substance Abuse Program (ASAP) for a second time, it was determined that he was unable to rehabilitate due to alcohol dependency. In addition, he also failed to obey a lawful general regulation and was incapacitated during the performance of his duties on 7 April 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 4 November 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 November 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 February 2013 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 86 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12B10, Combat Engineer / 2 years, 9 months, 20 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for being arrested for having an altercation with his spouse; being charged with assault and alcohol use being a contributing factor in the incident; previous incident involved being drunk on duty; being enrolled in ASAP; receiving a FG Article 15 on 22 July 2015 and receiving a punishment of a reduction to E-3, forfeiture of one-half month's pay was suspended, and 45 days of extra duty. Report of Medical History, dated 22 June 2015, reflects the applicant indicated depression in block 17; however, the medical examiner noted it as being "due to current chapter." Note that the FG Article 15 that reduced the applicant to E-3 on 22 July 2015, is not available in the record. Two memoranda, dated 3 August 2015, Subject: Summary of Army Substance Abuse Program (ASAP) Rehabilitation Failure, provide the requirements for expedited processing of rehabilitative failures, and the second memorandum, a summary of the applicant's initial and subsequent enrollment, and ASAP's concurrence with the commander's decision declaring the applicant's rehabilitation failure and initiating a discharge again. Memorandum for Record, dated 26 August 2015, subject: Recommendation of Army Substance Abuse (ASAP) Rehabilitation Failure, rendered by the unit commander, provides a summary of the applicant's first and second enrollment in ASAP, and a determination that the applicant was unable to rehabilitate and that continued service would result in additional UCMJ actions. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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 "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 an upgrade of his general (under honorable conditions) discharge to honorable, and changes to the narrative reason for separation and reentry code. The applicant's available record of service and the issues 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 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 applicant contends he believed he was fine and did not have an issue after being enrolled in ASAP a second time. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he may have been unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge or to change the narrative reason for his discharge. The applicant requests a change to the narrative reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 9, 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. The applicant desires a chance to rejoin the military service and requested to change his reentry code. 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 applicant contends he was not a bad Soldier as he did his job and completed what was required of him. In consideration of the applicant's service accomplishments and quality of his service prior to these incidents, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. Based on the available record, 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): Heather Bullins - girlfriends (O) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 10 April 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: 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 AR20160017309 4