1. Applicant's Name: a. Application Date: 22 August 2017 b. Date Received: 22 August 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant seeks relief contending, in effect, he received a DUI in March 2006, which was less than two months after him returning from a yearlong deployment in Iraq. He accepted his punishment, which was an Article 15 and extra duty and Army Substance Abuse Program classes. He completed his extra duty and was attending all of his classes, when he received orders to move to Fort Sill. When he arrived to Fort Sill, he signed up to attend ASAP classes, his first sergeant at the time, knocked on his barracks room door one Saturday night, while the applicant was drinking a glass of scotch. The applicant states, he was by himself watching television in his room. His first sergeant informed the applicant that he was not supposed to be drinking while in the ASAP classes. His first sergeant started the separation paperwork shortly afterwards. His first sergeant and company commander at the time, recommended that the applicant receive an honorable discharge, but his battalion commander recommended a general discharge. He states, when he went to the JAG office, it was explained to him that he would keep all his benefits except the GI Bill. He was never told that he would never be able to re-enlist again. He received reentry code of 4 and he would like to change the code so that he may enlist in the Reserves or National Guard. He was 21 years old at the time and he made a dumb mistake for getting a DUI. He is 32 years old now, with a family and he has never had any alcohol problems or arrests since the DUI in 2006. He believes that he was kicked out too fast and had he known that he could not re-enlist, he would not have accepted the separation. He served in Iraq from January 2005 to January 2006 and he would love to serve the country once more through the Guard or Reserve. He wants to show his two girls that through God everything is possible and one can always redeem themselves by accepting and learning from their mistakes. Per the Board's Medical Officer, a voting member, the information available for review in the service record, AHLTA, and JLV, were reviewed. Because of insufficient medical documentation, no statement regarding medical mitigation can be made at this time. In a records review conducted at Arlington, VA on 26 September 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: 1 June 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 April 2007 (2) Basis for Separation: The applicant was informed of the following reasons: On 20 September 2006, he was enrolled in the Army Substance Abuse Program. On 8 January 2007, he was declared an ASAP rehabilitation failure by the command and Dr. W.E.S, the Clinical Director of ASAP. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 27 April 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 May 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 January 2004 / 6 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63B10, Wheeled Vehicle Mechanic / 3 years, 4 months, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (23 January 2005 - 23 January 2006) f. Awards and Decorations: NDSM, GWOTSM, ICM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum Of Reprimand, dated 20 March 2006, reflects that on 18 March 2006, on Fort Stewart, Georgia, a Fort Stewart Police officer observed the applicant traveling at a high rate of speed. Radar verified he was traveling 94 miles an hour in a 55 mile per hour zone. A traffic stop was initiated and upon making contact with the applicant, the officer detected a strong odor of alcohol emitting from his person. The applicant was given several field sobriety tests, which he failed. He was administered a breathalyzer test, which showed his blood alcohol content was .106 grams of alcohol per 210 milliliters of breath. He was cited with drunken driving and careless or reckless driving (excessive speed - 94/55). Summary of Army Substance Abuse Program Rehabilitation Failure (memo), dated 8 January 2007, reflects on 20 September 2006, the service member attended an initial screening/evaluation appointment to complete the initial intake forms for a transfer in. The command reported the service member had continued to consume alcohol while enrolled in the ASAP clinic. It was obvious the treatment plan was not followed. From the initial information, the service member's alcohol involvement meets DSM-IV criteria: AXIS I: 303.90 Alcohol Dependence. The applicant's behavior toward change and failure to accept responsibility has resulted in unsatisfactory participation in Rehabilitation Treatment. The applicant was afforded many opportunities to receive/obtain help. This lack of motivation and continued aberrant behavior are indicative of commitment failure to treatment issues. In accordance with AR 600- 85, the service member meets the criteria for Chapter 9, UCMJ action as a rehabilitation failure. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Summary of Army Substance Abuse Program Rehabilitation Failure (memo), dated 8 January 2007, reflects the applicant met DSM- IV criteria: AXIS I: 303.90 Alcohol Dependence. 5. APPLICANT-PROVIDED EVIDENCE: Online application and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: He states, he has a family and he has never had any alcohol problems or arrests since the DUI in 2006. 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. 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 an upgrade of his general (under honorable conditions) discharge to honorable and a narrative reason change and a reentry eligibility (RE) code change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record indicates that on 8 January 2007, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure. The applicant did not have the potential for continued military service because his level of need for medication management and length of treatment exceeded what was available in the Active Duty Army. 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 general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "alcohol / drug rehabilitation failure," and the separation code is "JPD." 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 that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran's benefits to include 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 applicant contends that he was young and immature at the time of the discharge. 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 contends that he had good service which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character 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 26 September 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 AR20170012722 1