1. Applicant's Name: a. Application Date: 23 December 2016 b. Date Received: 29 December 2016 c. Previous Records Review: 31 August 2011, AR20110002248 (Reconsideration based on applicant's request for reentry code change only) d. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the reentry code to allow reenlistment. The applicant seeks relief contending, in pertinent part and in effect, the applicant has matured a lot, since discharge. The applicant would like a second change at serving in the military, again. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Adjustment Disorder with Anxiety and Alcohol Dependence. VA records contain no info regarding the applicant. In summary, the applicant did not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 12 April 2019, 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: 28 October 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 September 2010 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant failed to adhere to his ASAP treatment plan by failing to refrain from usage of alcohol. The commander then determined that further rehabilitation efforts were not practical, rendering him a rehabilitation failure. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 4 October 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 October 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 November 2009 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B10, Infantryman / 11 months, 19 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Memorandum, dated 28 July 2010, subject: Rehabilitation Failure Determination, indicates the applicant with a medical diagnosis of "Alcohol Dependence," and enrolled in ASAP on 20 April 2010, with outpatient treatment and an emphasis on relapse prevention, tested positive on a Breathalyzer for Alcohol on 17 July 2010. On 28 July 2010, he was determined a rehabilitation failure for failing to adhere to his established treatment plan by failing to refrain from the usage of alcohol/drugs while in ASAP. Commander's Report, dated 5 October 2010, reports that the applicant received a FG Article 15 on 10 August 2010, for wrongfully consuming alcohol while under the age of 21. The punishment consisted of a reduction to E-1, forfeiture of $723 pay per month for two months, and 45 days of extra duty and restriction. (The Article 15 is NIF.) i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 23 December 2016. 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 "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 "JPC" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests to change the reentry code to allow him to reenlist. 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 during outpatient ASAP treatment with an emphasis on relapse prevention. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends that he was young and immature at the time of the discharge-he has since matured, a lot. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 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 record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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 12 April 2019, 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 a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20170003030 1