1. Applicant's Name: a. Application Date: 20 January 2017 b. Date Received: 21 February 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he had just returned from emergency leave burying his grandmother and failed a drug test. A single incident during five and a half years of service should not ruin his entire life. He would like the opportunity to reenlist. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant did not have a mitigating medical or behavioral health condition for the offenses which led to his separation from the Army. In a records review conducted at Arlington, VA on 6 June 2018, 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: 19 September 2014 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 7 August 2014 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; on or about 11 April 2014, he was referred to ASAP and successfully completed the program requirements on 16 May 2014. He had a subsequent alcohol or drug related incident that resulted in his referral to ASAP on 19 June 2014, due to a wrongful use of marijuana between (9 May 2014 and 9 June 2014). On or about 11 April 2014, he was referred to ASAP and successfully completed the program requirements on 16 May 2014. He had a subsequent alcohol or drug related incident that resulted in his referral to ASAP on 19 June 2014, due to wrongful use of marijuana between (9 May 2014 and 9 June 2014). In accordance with AR 600-85, Para 8-13, a Soldier must be separated if an alcohol or drug related incident of misconduct occurs during the 12-month period following removal from the program, for any reason. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 August 2014 (5) Administrative Separation Board: The applicant voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions). Even though, the applicant was not entitled to an administrative separation board. (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 February 2013 / 3 years b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91D10, Power Generation Equipment Mechanic / 5 years, 2 months, 6 days d. Prior Service / Characterizations: RA, 14 July 2009 to 3 August 2011 / HD RA, 4 August 2011 to 21 February 2013 / HD e. Overseas Service / Combat Service: Korea / SWA / Afghanistan, 12 December 2012 to 22 August 2013 f. Awards and Decorations: ARCOM, AAM-5, AGCM, NDSM, ACM-2CS, GWOTSM, KDSM, ASR, OSR, NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded IU (Inspection Unit), dated 9 June 2014, for THC. Report of Mental Status Evaluation, dated 9 July 2014, relates that the applicant was screened for Post-Traumatic Stress Disorder and Traumatic Brain Injury. These conditions were either not present or, if present, did not meet AR 40-501 criteria for a medical evaluation board. There was no evidence of a psychiatric disease or defect which would exonerate the applicant from responsibility for those matters which were the basis for Command seeking administrative action. Misconduct or poor performance should be managed administratively by his Command. The applicant was psychiatrically cleared for any administrative actions deemed appropriate by Command. FG Article 15 dated, 25 July 2014, for wrongful use of marijuana between (9 May 2014 and 9 June 2014); reduction to SPC / E-4, forfeiture of $1,164 pay, $582 pay (suspended) and extra duty for 45 days. Military Police Report dated, 24 August 2013, relates that the applicant was under investigation for public intoxication, off post. The applicant received numerous negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (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 "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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and 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 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 the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. 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 "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 regulation further stipulates that no deviation is authorized. The applicant seeks relief contending in effect, he had just returned from emergency leave burying his grandmother and failed a drug test. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Community Counseling Center and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The applicant further contends, a single incident during five and a half years of service should not ruin his entire life. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization of service. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant would like the opportunity to reenlist. Soldiers being processed for separation are assigned reentry codes based on their 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 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 6 June 2018, 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 AR20170003258 1