1. Applicant's Name: a. Application Date: 30 September 2016 b. Date Received: 7 October 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he completed a rehabilitation treatment in March 2010 at Canton-Potsdam hospital while on active duty. He completed additional treatment session since that date. However, he did not complete ASAP, but he completed an alternate treatment program at the time; and he still actively seeks help with his condition. Per the Board's Medical Officer, based on the information available for review at the time including the applicant's case file, AHLTA and JLV. AHLTA diagnoses include Adjustment DO with anxiety, Opioid Dependence, Hepatitis C. ASAP intake dated 15 Mar 2010 indicates that applicant has a long history of substance abuse: he smoked marijuana daily from age 15 until age 21. He abused Xanax. At age 18, he began smoking crack cocaine and taking Percocet. He began abusing Oxycontin at age 21 until date of ASAP appointment. When he could not get oxycontin, he would use heroin. Reported he needed 200mg of oxycontin per day to prevent withdrawal. Reported he had been in detox once before in 2007. Reported he joined the Army to try to stay clean. After this appointment, he was admitted to inpatient rehab which he attended from March to May 2010. After rehab, he began attending outpatient ASAP. In Nov 2010, he reported hepatitis C meds were making him feel depressed. He also reported nightmares and choking his girlfriend while sleeping. He was diagnosed with Adjustment DO and stated on antidepressant medication. In late Nov 2010, his meds were switched because he was complaining of side effects. He continued to attend ASAP on a regular basis. In Aug 2011, he presented to psychology stating "I have a very bad drug problem". He reported he stopped attending Behavioral Health appointments in Dec 2010 and almost immediately started using drugs again. In a later appointment, he reported he had been using drugs since returning from deployment. In early Aug 2011, he was hospitalized briefly for suicidal ideation. He reported in his follow up psychiatry appointment that he had been using drugs from Dec 2010 to July 2011. Review of the VA notes indicates he is 100% SC for PTSD related to combat. VA diagnosis include Chronic PTSD, Acute Stress Reaction, Major Depressive Disorder, mild, Opioid Dependence, Alcohol Dependence, Inhalant Dependence and Personality Disorder NOS. Review of the available information indicates that the applicant has a lifelong history of substance abuse problems dating back to early adolescence. Review of the AHLTA notes indicates that he used drugs after completing his inpatient rehab program for several months before his drug use was discovered. He continues to struggle with substance abuse problems to this day. Based on my review of the available information, the applicant's narrative reason for discharge "Drug Rehab Failure" is correct according to the Army regulations regarding discharge for drug rehabilitation failure. In a records review conducted at Arlington, VA on 8 December 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: Drug Rehabilitation Failure / AR 635- 200 / Chapter 9 / JPC / RE-4 / Honorable b. Date of Discharge: 7 November 2011 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 22 September 2011 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he was deemed a failure of the Army Substance Abuse Program. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 22 September 2011, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 October 2011 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 July 2007 / 6 years, 21 weeks b. Age at Enlistment / Education / GT Score: 25 years / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 4 years, 3 months, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan, 15 January 2009 to 9 January 2010 f. Awards and Decorations: ARCOM, AAM-2, AGCM, NDSM, ACM-CS, ASR, OSR, NATO MDL, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received two negative counseling statements for failing to complete ASAP enrollment and failing to report. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical Examination, dated 20 September 2011, revealed the applicant was diagnosed with drug abuse (opioid) with suicide attempt, in treatment and counseling; depression, anxiety, PTSD, in counseling and treatment. He was to continue treatment with counseling behavioral health. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages). 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 "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 a change to the narrative reason for separation. The applicant's record of service and the issues submitted with his application were carefully reviewed. The applicant requests a change to the narrative reason for separation. 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 regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, he completed a rehabilitation treatment plan in March 2010, at Canton-Potsdam hospital while on active duty; and he completed an additional treatment session since that date. The applicant is to be commended for his efforts. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant further contends, he did not complete ASAP, but he completed an alternate treatment program at the time; and he still actively seek help with his condition. Eligibility for veteran's benefits to include medical and educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 8 December 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 AR20160017990 1