1. Applicant's Name: a. Application Date: 15 August 2017 b. Date Received: 16 August 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a change of narrative reason for discharge. The applicant seeks relief contending, in effect, was separated from the Army under Chapter 9 for Drug Rehabilitation Failure. The applicant contends that the Command said the applicant wrongfully used cocaine on or about 23 May 2017, this was within the 12 month period following removal from the Army Substance Abuse Program. The command provided the applicant and the separation authority with a separation packet with no proof or evidence that the applicant used cocaine after being released from ASAP. The Command could not provide the applicant any proof of cocaine use. The applicant is now requesting a change in characterization and requesting to be separated honorably because the applicant was separated from the Army without any evidence of cocaine use for a second time. In a records review conducted at Arlington, VA on 27 March 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 / General (Under Honorable Conditions) b. Date of Discharge: 11 August 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 July 2017 (2) Basis for Separation: The applicant was informed of the following reasons: for the wrongful use of cocaine between 28 December 2016 and 3 January 2017, he was assessed and enrolled into the Army Substance Abuse Program (ASAP); He successfully completed the ASAP on 11 April 2017, during the 12 month period following removal from this program he had a subsequent drug-related incident, to wit: between on or about 19 May 2017 and on or able 23 May 2017, he wrongfully used cocaine, which resulted in him being deemed a drug abuse rehabilitation failure. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 20 July 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 August 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 May 2013 / 4 years, 21 weeks b. Age at Enlistment / Education / GT Score: 23 / 4 Years College / 116 c. Highest Grade Achieved / MOS / Total Service: E-5 / 42A1P, Human Resources Specialist / 4 years, 3 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea f. Awards and Decorations: AAM, JSAM, AGCM, NDSM, GWOTSM, NOPDR, ASR, MOVSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 12 September 2016, for stealing from Papa Johns of a value of about $28.00, signed an endorsement of a credit card with intent to defraud and was drunk and disorderly. Punishment consisted of extra duty for 14 days. Electronic copy of the DD Form 2624, dated 20 January 2017, reflects the applicant tested positive for THC 23 during an Inspection Unit (IU) urinalysis testing conducted on 3 January 2017. Military Police Desk Blotter which shows the applicant was the subject of investigation for the wrongful use of cocaine-detected by urinalysis. FG Article 15, dated 13 February 2017, for the wrongful use of cocaine. The punishment consisted of reduction to E-4, forfeiture of $1,157 (suspended), extra duty and restriction for 45 days, and an oral reprimand. Report of Mental Status Evaluation, dated 30 June 2017, which shows the applicant did not have a BH condition that warrant disposition through medical channels IAW AR 40-501. There was no indication that the applicant's alleged misconduct was related to a BH condition. Negative counseling statement for testing positive for cocaine 3 January 2017. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 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 "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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change of his narrative reason for discharge. The applicant's record of service, the issues and documents 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. He successfully completed the ASAP on 11 April 2017, during the 12 month period following removal from this program he had a subsequent drug-related incident, to wit: between on or about 19 May 2017 and on or able 23 May 2017, he wrongfully used cocaine, which resulted in him being deemed a drug abuse rehabilitation failure. The evidence of record establishes the fact the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. \ The narrative reason specified by Army Regulations for a discharge under this chapter is " Drug Rehabilitation Failure," and the separation code is "JPC," with a RE code of 4. 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, reentry code, entered in block 27, 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 seeks relief contending, he was separated from the Army under Chapter 9 for Drug Rehabilitation Failure. He contends that his Command said he wrongfully used cocaine on or about 23 May 2017, this was within the 12 month period following his removal from the Army Substance Abuse Program. His command provided him and the separation authority with a separation packet with no proof or evidence that he used cocaine after he was released from ASAP; his Command could not provide him any proof that he used cocaine. He is now requesting a change in his characterization and requesting to be separated honorably because he believes he was separated from the Army without any evidence of cocaine use for a second time. The applicant's contentions were noted; 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 this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he did not use cocaine after he was released from ASAP. The applicant's statements alone does 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. 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 27 March 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 AR20170012413 1