1. Applicant's Name: a. Application Date: 4 December 2018 b. Date Received: 14 December 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a reentry eligibility (RE) code change and a separation (SPD) code change. The applicant seeks relief contending, in effect, according to AR 635-200, chapter 9, the applicant should have received an RE-2, instead of an RE-4. Based on the chapter, the SPD code is wrong. The applicant states, an Inspector General (IG) told the applicant, at the beginning of the process, the regulations were broken and possibly the personal opinion of the commander because the applicant was diagnosed as transgender. In a records review conducted at Arlington, VA on 8 April 2020, 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: The applicant's service record is void of the specific facts and circumstances surrounding her discharge, however, the applicant did provide copies of her case separation documents. a. Reason / Authority / Codes / Characterization: Drug Rehabilitation Failure / AR 635- 200 / Chapter 9 / JPC / RE-4 / Honorable b. Date of Discharge: 2 July 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 May 2018 (2) Basis for Separation: The applicant was informed of the following reasons: She failed to complete the Army Substance Abuse Program (ASAP). (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 24 May 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: undated / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 September 2016 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92G10, Food Service Specialist / 1 year, 9 months, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: See Report of Mental Status Evaluation in paragraph 4j. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 22 May 2018, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: Cocaine use disorder, mild. The report further noted: The applicant Self-referred to the Substance Disorder Clinical Care (SUDCC) on 8 April 2018, due to admitting to her command that she was using cocaine. Following a bio- psychosocial assessment, it was determined that the applicant med the criteria for diagnosis of Cocaine Use Disorder Mild. On 13 April 2018, the applicant was enrolled into SUDCC for outpatient treatment with primary goal of treatment through consultation with Clinical Consultant, group sessions, individual sessions, and participation in Alcohol and Drug Prevention Training (ADAPT). On 16 May 2018, the applicant tested positive for alcohol. In accordance with Army Regulation 600-85, "Soldiers who fail to participate adequately in or to respond successfully to rehabilitation will be processed for administrative separation". The applicant was considered a rehabilitation failure and per regulatory guidance processed for separation under the provisions of Chapter 9, AR 635-200. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 214; DD Form 2870; case separation documents; Army Reenlistment Codes document. 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 reentry eligibility (RE) code change and a separation (SPD) code change. The applicant's available record of service, the issues and documents submitted with her application were carefully reviewed. The evidence of record indicates that on 16 May 2018, the applicant tested positive for alcohol, while in the ADAPT program; and, based on this, she was declared a rehabilitation failure. The applicant contends the SPD code for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 9, AR 635-200 with a honorable. 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 contends that she may have been discriminated against because she is transgender. However, the applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 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 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 8 April 2020, 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 AR20190003500 1