IN THE CASE OF:  

		BOARD DATE:  8 October 2021

		DOCKET NUMBER:  AR20200006214


APPLICANT REQUESTS: 

*	Upgrade of her under honorable conditions discharge
*	Change her Separation Code and Reentry (RE) Code

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	Department of veterans Affairs "MyHealthVet" medical records 

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states she was discharged due to alcohol abuse and rehabilitation 
failure. She was unable to disclose the sexual assault she encountered within her first 
year of service. This event changed her ability to relate to people and function normally 
or perform her duties as a Soldier. She lives with the shame and embarrassment that 
has left its imprint on her forever. Even now, it is difficult to make this request since it 
forces her to disclose her reality and acknowledge the pain that still exists. She provides 
her VA Health Records (notes, charts, appointments, medications, summaries, etc.). 

3.  The applicant’s service records are not available for review. An exhaustive search 
was conducted to locate the service records but they could not be found. The only 
documents available were the documents provided by the applicant. These documents 
are sufficient for the Board to conduct a fair and impartial review of this case. 



4.  Review of the applicant's available records (DD Form 214) shows: 

	a.  She enlisted in the Regular Army on 24 October 1989 and held military 
occupational specialty 71L (Administrative Specialist). 

	b.  She served in Germany for 9 months and 13 days. She was last assigned to 
Headquarters and Headquarters Company, 2nd Corps Support Command. 

	c.  The complete facts and circumstances surrounding her discharge are not 
available for review. However, her DD Form 214 show she was discharged on 31 
December 1990, under the provisions of Army Regulation (AR) 635-200 (Personnel 
Separations), chapter 9, Alcohol Abuse and Rehabilitation failure, with a general, under 
honorable characterization of service. Her DD Form 214 also shows she completed 1 
year, 2 months, and 2 days of active service. She was awarded or authorized Army 
Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and 
Sharpshooter Marksmanship Qualification Badge with Grenade Bar. The entries on her 
DD Form 214 show: 

*	Block 25 (Separation Authority) - AR 635-200, Chapter 9
*	Block 26 (Separation Code) - "JPD"
*	Block 27 (RE Code) RE-3
*	Block 28 (Narrative Reason for Separation) - "Alcohol Abuse Rehabilitation 
Failure"

	d.  There is no indication she petitioned the Army Discharge Review Board for 
review of her discharge within that boards 15-years statute of limitations. 

5.  On 12 March 2021, by letter, the U.S. Army Criminal Investigation Command 
responded to a "Request for Sanitized Report of Investigation (ROI) and/or Military 
Police Reports for Official Use Purposes." The CID letter states a search of the Army 
criminal file indexes utilizing the information provided revealed no records pertaining to 
[Applicant]. Records at this center are Criminal Investigative and Military Police Reports 
and are indexed by personal identifiers such as names, social security numbers, dates 
and places of birth and other pertinent data to enable the positive identification of 
individuals.

6.  By regulation (AR 635-200), Chapter 9 provides for discharging Soldiers because of 
alcohol or other drug abuse. A member who has been referred to ADAPCP for 
alcohol/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. Initiation of 
separation proceedings is required for Soldiers designated as alcohol/drug rehabilitation 
failures. The service of Soldiers discharged under this chapter will be characterized as 
honorable or general unless the Soldier is in an entry-level status.

7.  By regulation (AR 635-5-1), separation program designator (SPD) codes are three-
character alphabetic combinations which identify reasons for and types of separation 
from active duty. The SPD code JPD is the correct code for Soldiers separating under 
chapter 9 of Army Regulation 635-200 by reason of alcohol abuse rehabilitation failure. 
The SPD/RE Cross Reference Table states SPD Code JPD has a corresponding RE-3 
code.

8.  In reaching its determination, the Board can consider the applicant’s petition and her 
service record in accordance with the published equity, injustice, or clemency 
determination guidance.

9.  MEDICAL REVIEW:

The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting 
documents and the applicant’s military service records. The Armed Forces Health 
Longitudinal Technology Application (AHLTA) & Health Artifacts Image Solutions 
(HAIMS) were not in use at the time of her service. Her hardcopy military medical record 
was not available for review. A review of JLV indicates she has a service connected 
disability rating of 70% for PTSD. In accordance with the 3 Sep 2014 Secretary of 
Defense Liberal Guidance Memorandum and the 25 Aug 2017, Clarifying Guidance 
there is documentation to support a behavioral health diagnosis at the time of her 
discharge. There is no documentation to suggest she did not meet retention standards 
at the time of her discharge. PTSD is associated with alcohol use and would be 
considered a mitigating factor for her Chapter 9 discharge for alcohol abuse 
rehabilitation failure.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was not warranted. The Board carefully considered the applicants request, supporting 
documents, evidence in the records, and published DoD guidance for liberal 
consideration of discharge upgrade requests. The Board considered her statement, 
record of service, the frequency/nature of her misconduct and the reason for separation. 
Board members noted that the complete facts and circumstances surrounding her 
discharge are not available for review. However, her DD Form 214 show she was 
discharged on 31 December 1990, for Alcohol Abuse and Rehabilitation Failure, with a 
general, under honorable characterization of service. She completed 1 year, 2 months, 
and 2 days of active service. Board members also reviewed the medical official's 
assessment that there is documentation to support a behavioral health diagnosis at the 
time of her discharge. Board members further noted that enlisted Soldiers separated 
under chapter 9 of AR 635-200 for alcohol abuse and rehabilitation failure are assigned 
Separation Code JPD. This separation code a corresponding RE-3 code. Based on a 
preponderance of evidence, the Board determined that the character of service and RE 
Code the applicant received upon separation were not in error or unjust.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X:	X:	X:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.

		  
I certify that herein is recorded the true and complete record of the proceedings of the 
Army Board for Correction of Military Records in this case.


REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure 
to timely file within the 3 year statute of limitations if the Army Board for Correction of 
Military Records (ABCMR) determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 635-200 (Personnel Separations) sets forth the basic authority 
for the separation of enlisted personnel. 

	a.  An honorable discharge is a separation with honor and entitles the recipient to 
benefits provided by law. The honorable characterization is appropriate when the quality 
of the member’s service generally has met the standards of acceptable conduct and 
performance of duty for Army personnel, or is otherwise so meritorious that any other 
characterization would be clearly inappropriate.

	b.  A general discharge is a separation from the Army under honorable conditions.  
When authorized, it is issued to a Soldier whose military record is satisfactory but not 
sufficiently meritorious to warrant an honorable discharge. A characterization of under 
honorable conditions may be issued only when the reason for the Soldier’s separation 
specifically allows such characterization.

	c.  Chapter 9 contains the authority and outlines the procedures for discharging 
Soldiers because of alcohol or other drug abuse. A member who has been referred to 
the Army Drug and Alcohol Prevention and Control Program (ADAPCP, now known as 
Army Substance Abuse Program (ASAP) for alcohol/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. Initiation of separation proceedings is 
required for Soldiers designated as alcohol/drug rehabilitation failures. The service of 
Soldiers discharged under this chapter will be characterized as honorable or general 
under honorable conditions unless the Soldier is in entry-level status and an 
uncharacterized description of service is required.  

3.  Army Regulation 635-5-1 (SPD Codes) states that the SPD codes are three-
character alphabetic combinations which identify reasons for and types of separation 
from active duty.  At the time of the applicant's separation, the SPD code of "JPD" was 
used to represent alcohol rehabilitation failure under chapter 9, AR 635-200. The 
SPD/RE Code Cross Reference Table provides instructions for determining the RE 
code for Active Army Soldiers and Reserve Component Soldiers. The cross reference 
table shows the SPD code and corresponding RE code. At the time of the applicant's 
separation, the SPD code of "JPD" had a corresponding RE code of "3."
4.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) 
covers eligibility criteria, policies, and procedures for enlistment and processing. Table 
3-1 included a list of the RA Reenlistment Eligibility Codes (RE codes).  

*	An RE-1 applies to Soldiers completing their term of active service who are 
considered qualified to reenter the U.S. Army.  They are qualified for enlistment if 
all other criteria are met.  
*	An RE-3 applies to Soldiers who are not considered fully qualified for reentry or 
continuous service at time of separation, but disqualification is waivable.  They 
are ineligible unless a waiver is granted. 
*	An RE-4 applies to Soldiers separated from last period of service with a 
nonwaivable disqualification.

5.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Military Discharge Review Boards and Boards for Correction of 
Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency 
determinations.  Clemency generally refers to relief specifically granted from a criminal 
sentence. BCM/NRs may grant clemency regardless of the type of court-martial.  
However, the guidance applies to more than clemency from a sentencing in a court-
martial; it also applies to other corrections, including changes in a discharge, which may 
be warranted based on equity or relief from injustice. This guidance does not mandate 
relief, but rather provides standards and principles to guide Boards in application of their 
equitable relief authority. In determining whether to grant relief on the basis of equity, 
injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, 
external evidence, sworn testimony, policy changes, relative severity of misconduct, 
mental and behavioral health conditions, official governmental acknowledgement that a 
relevant error or injustice was committed, and uniformity of punishment. Changes to the 
narrative reason for discharge and/or an upgraded character of service granted solely 
on equity, injustice, or clemency grounds normally should not result in separation pay, 
retroactive promotions, and payment of past medical expenses or similar benefits that 
might have been received if the original discharge had been for the revised reason or 
had the upgraded service characterization.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200006214


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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