IN THE CASE OF: BOARD DATE: 23 November 2021 DOCKET NUMBER: AR20210007058 APPLICANT REQUESTS: an upgrade to his general, under honorable conditions discharge characterization. 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) 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 he is requesting that his discharge be upgraded to an honorable. At the time of his discharge, unknown to him, he was dealing with Post Traumatic Stress Disorder (PTSD), after having witnessed one of his friends in the service get shot and killed. He was self-medicating and using alcohol to deal with his issues. 3. The applicant provides his DD Form 214 to show the type of discharge he received. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 26 January 1990. b. From 17 September 1990 until 3 December 1991, he received several counseling statements for the following offenses: * late for duty * failure to repair * failure to be on time to formation * failure to report to work call * bad check * late for duty * disrespect to a Non-Commissioned Officer c. On 17 December 1991, the applicant received a General Officer Memorandum of Reprimand for being apprehended for the criminal offense of operating a motor vehicle while under the influence of alcohol. d. On 4 February 1992, it was determined the applicant was declared a rehabilitation failure based off his failure to fully participate in his rehabilitation. He was enrolled in Track II of the Army’s Drug and Alcohol Abuse Prevention and Control Program on 5 November 1991. e. On 7 February 1992, the commander notified the applicant of his intent to initiate separation under the provision of Army Regulation (AR) 635-200, (Personnel Separations – Enlisted Personnel), chapter 9, paragraph 9-1b for failure of the Army’s Drug and Alcohol Abuse Prevention and Control Program. f. The applicant acknowledged receipt and consulted with counsel. Following consultation with legal counsel, he understood his rights and acknowledged the following: * he understood if this discharge was approved he could be deprived of many or all Army benefits, he could be ineligible for many or all benefits administered by the Veterans Administration * he understood that he may expect to encounter substantial prejudices in civilian life if a general discharge under honorable conditions is issued * he acknowledged he understood he could be deprived of his rights and benefits as a veteran under both Federal and State laws * he elected to submit a statement on his own behalf g. The applicant’s record is void of the chain of commands recommendations; however, the separation authority directed that the applicant be discharged from the army under the provisions of AR 635-200, chapter 9, paragraph 9-1b, for Alcohol or Rehabilitation Failure, and issued a general, under honorable discharge characterization of service. h. His DD Form 214 shows he was discharged on 6 April 1992 under the provisions of AR 635-200, chapter 9, paragraph 9-1b, and given a characterization of general, under honorable conditions. It also shows he completed 2 years, 2 months, and 11 days of active service with no lost time. 5. A medical advisory will be provided at the Board proceedings. 6. On 18 June 1993, the Army Discharge Review Board (ADRB) reviewed the applicant's discharge processing and found the discharge proper and equitable but the reason and authority for discharge to be changed to Alcohol Rehabilitation Failure. 7. By regulation, the commander determines that further rehabilitation efforts are not practical, rendering the soldier a rehabilitation failure. This determination will be made in consultation with the rehabilitation team. 8. The Board should consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. 9. MEDICAL REVIEW: a. Applicant is applying to the ABCMR requesting an upgrade to his General, Under Honorable Conditions discharge due to Post-Traumatic Stress Disorder. The Army Review Boards Agency (ARBA) Psychologist reviewed this case. Documentation reviewed included the applicant’s completed DD Form 149 and supporting documents, his ABCMR Record of Proceedings (ROP), his DD Form 214, and the VA electronic medical record (JLV). b. The ROP outlines the details and circumstances of the applicant’s military history. He enlisted in the Regular Army on 26 January 1990 and was discharged on 6 April 1992 under the provisions of AR 635-200, Chapter 9, Alcohol Abuse Rehabilitation Failure with an Under Honorable Conditions (General) characterization of service. c. Due to the period of service, no active duty electronic medical records (AHLTA) were available for review and no hard copy medical documentation from the time of service was submitted for review. d. Review of VA electronic medical record (JLV) indicates that the applicant is 60% service connected to include 50% for Post-Traumatic Stress Disorder (PTSD) and 10% for Tinnitus. The Compensation & Pension Exam is not available for review, but treatment records reveal that applicant’s military trauma was the shooting death of his roommate in the Army via negligible discharge of a weapon by another soldier. Applicant has consistently engaged in outpatient mental health treatment at the VA from May 2017 to the present. In addition to PTSD, the VA medical record diagnoses applicant with Adjustment Disorder with Mixed Anxiety and Depressed Mood and Alcohol Use Disorder. e. After review of all available information, applicant is service connected for PTSD. Given the nexus between PTSD and substance abuse, there was likely an association between applicant’s PTSD and the basis for his separation (Alcohol Abuse Rehabilitation Failure). In accordance with Liberal Consideration guidance, a discharge upgrade is recommended. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant's request, supporting documents, evidence in the records, and published Department of Defense guidance for consideration of discharge upgrade requests. The Board considered the applicant's statement, his record of service, the frequency and nature of the misconduct, and the reason for separation. After review of all available information, given that the applicant has service connection for PTSD, and given the nexus between PTSD and substance abuse, there was likely an association between the applicant’s PTSD and the basis for his separation (Alcohol Abuse Rehabilitation Failure). In accordance with Liberal Consideration guidance, the Board voted to upgrade the discharge. No change to the reason for separation. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XX: XX: XX: GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by re-issuing the applicant's DD Form 214 for the period ending 6 April 1992 to show an honorable character of service. 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. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a (Honorable) provides that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldier'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. Paragraph 3-7b (General) provides that 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. It will not be issued to soldiers upon separation at expiration of their period of enlistment, military service obligation, or period for which called or ordered to active duty. c. Paragraph 9 (Alcohol or Other Drug Abuse Rehabilitation Failure) of that regulation provides the procedures for discharging soldiers for alcohol or other drug abuse rehabilitation failure. The soldier is entitled to request a hearing before an administrative separation board if he or she has 6 or more years of total active and reserve military service per paragraph 2-2 d. A soldier who has less than 6 years of military service is not entitled to a board, Discharge is based on alcohol or other drug abuse such as the illegal, wrongful, or improper use of any controlled substance, alcohol, or other drug when the soldier is enrolled in ADAPCP, and the commander determines that further rehabilitation efforts are not practical, rendering the soldier a rehabilitation failure. This determination will be made in consultation with the rehabilitation team. d. Paragraph 9-1b of that regulation states The commander determines that further rehabilitation efforts are not practical, rendering the soldier a rehabilitation failure. This determination will be made in consultation with the rehabilitation team. 2. 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 based on 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) AR20210007058 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1