1. Applicant's Name: a. Application Date: 28 October 2016 b. Date Received: 6 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a narrative reason change and a reentry eligibility (RE) code change. The applicant seeks relief contending, in effect, the discharge was illegal, in violation of UCMJ and AR 635-200. The reason for discharge was a Chapter 9, Drug Rehabilitation Failure. The applicant states this is in error because the applicant had never failed a urinalysis. The basis for discharge was a sworn statement made by another Soldier who stated the applicant was consuming alcohol, while enrolled in the Army Substance Abuse Program (ASAP), in violation of the program and thus grounds for immediate chapter. The applicant contests this because there was absolutely no proof the applicant consumed alcohol while enrolled in the program. The applicant states, while the chapter packet was going through the legal process, TDS kicked it back stating there was insufficient evidence, yet they continued to discharge the applicant. The applicant wants the record corrected and believes the individuals involved should be relieved of their duties who acted with bias instead of objectivity. 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 Depression, Anxiety, Adjustment Disorder, Other Depressive Episodes, and Alcohol Dependence. The applicant is 100% service-connected for PTSD from the VA. The VA has diagnosed the applicant with Major Depressive Disorder, PTSD, Bipolar I Disorder, Alcohol Use Disorder, Cannabis Use Disorder, Opioid Dependence, Other Specified Trauma, Stressor Related Disorder, Personality Disorder, and Childhood Abuse. In summary, due to the basis of separation not being in file, there is insufficient evidence to determine if the applicant's BH diagnoses are mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 9 December 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: Drug Rehabilitation Failure / AR 635- 200 / Chapter 9 / JPC / RE-4 / Honorable b. Date of Discharge: 23 March 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: undated / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 August 2013 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 7 months, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (1 July 2014 - 16 February 2015) f. Awards and Decorations: ACM-2CS, ARCOM, AAM, NDSM, GWOTSM, ASR, NATOMDL, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant's service record is void of the complete facts and circumstances surrounding his discharge, however, the applicant provided a Summary of Rehabilitation (memo), dated 19 November 2015, which reflects the applicant was a Self-Referral to the Army Substance Abuse Program - Clinical Program (ASAP- CP) on 21 September 2015. Following a comprehensive bio-psychosocial assessment, it was determined that the applicant met criteria for a diagnosis of Alcohol Abuse. The applicant was enrolled into outpatient treatment on 28 September 2015 with a primary goal of education through group counseling, Alcohol and Drug Abuse Prevention Training (ADAPT), and individual sessions. Based on more information collected from the applicant, it was determined that met criteria for Alcohol Dependence. On 14 October 2015, the applicant tested positive for Benzodiazepines on a medical urine drug screen. On 6 November 2015, the applicant had an alcohol related incident in which he was found passed out in his barracks room due to alcohol consumption. In accordance with Army Regulation 600-85, "Soldiers with a subsequent alcohol- or drug-related incident while enrolled will be processed for separation as an alcohol or drug abuse rehabilitation failure. The applicant was considered a failure under the provisions of Chapter 9, AR 635-200. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Behavioral Health Patient Discharge Summary, dated 19 October 2019, reflects the applicant was diagnosed with: Alcohol Use Disorder, Severe; Adjustment Disorder with Anxiety and Depressed Mood. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; extract 635-200; BH Patient Discharge Summary; two DA Forms 2823; DA Form 4856; Memorandum of Concern; Summary of Rehabilitation; 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 "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 narrative reason change and a reentry eligibility (RE) code change. The applicant's available, record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record indicates that on 19 November 2015, the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 9, AR 635-200 with a honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "drug rehabilitation failure," and the separation code is "JPC." 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 applicant contends his discharge was illegal, in violation of UCMJ and AR 635-200, because there was no proof he ever consumed alcohol while enrolled in ASAP. However, 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 character of the applicant's discharge is commensurate with his overall service record. 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 9 December 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 AR20170003193 1