IN THE CASE OF: Mr. BOARD DATE: 30 January 2015 CASE NUMBER: AR20140002355 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh; based on the applicant’s length and quality of his service, to include, his combat service; documentary evidence showing PTSD and TBI issues, which may have been the contributing factors in the misconduct that led to his discharge, and as a result, it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests to upgrade the characterization of his service from general, under honorable conditions to fully honorable. 2. The applicant states, in effect, his request is due to a combat tour, having PTSD and TBI, being a PH recipient, and earning a CAB and an ARCOM. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 3 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 10 April 2013 d. Reason/Authority/SPD/RE Code: Alcohol Rehabilitation Failure, AR 635-200, Chapter 9, JPD, RE-4 e. Unit of assignment: C Trp, 4th Sqdn, 4th Cavalry Regiment, 1st Armored BCT, Fort Riley, KS f. Current Enlistment Date/Term: 23 March 2011, 3 years, 18 weeks g. Current Enlistment Service: 2 years, 18 days h. Total Service: 2 years, 18 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 19D10, Cavalry Scout m. GT Score: 102 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (111025-120109) q. Decorations/Awards: PH; ARCOM; NDSM; ACM-2CS; GWOTSM; ASR OSR; NATO MDL; CAB r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 23 March 2011, for a period of 3 years and 18 weeks. He was 19 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 19D10, Cavalry Scout. He served in Afghanistan. He earned a PH and an ARCOM. He completed 2 years and 18 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record indicates on 20 June 2012, the applicant was command-referred to the Army Substance Abuse Program following a physical altercation while under the influence of alcohol. The applicant attended the required 16-hour Army Drug and Alcohol Prevention Training, including five individual sessions. However, the applicant failed to follow through with the requirement to remain abstinent while enrolled in the treatment program as there were two known instances of alcohol consumption while in treatment. On 5 January 2013, the applicant was again reported being involved in a physical altercation while under the influence of alcohol. 2. On 11 January 2013, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure. 3. On 20 March 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure because being unable to maintain any sustained period of sobriety and showing unsatisfactory progress in the Army Substance Abuse Program; having multiple alcohol related incidents; failing to report to his appointed place of duty on divers occasions; disobeying a lawful general order; and disrespecting an NCO. 4. The unit commander advised the applicant of his rights and recommended a discharge from the Army with a characterization of service of general, under honorable conditions and waiver of any rehabilitation measures. 5. On 20 March 2013, the applicant waived his right to legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his own behalf. The unit commander subsequently recommended separation from the Army. 6. On 20 March 2013, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 7. The applicant was separated on 10 April 2013, under Army Regulation 635-200, Chapter 9, for alcohol rehabilitation failure, with a general, under honorable conditions discharge, a SPD code of JPD, and a reentry code of 4. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Army Substance Abuse Program (ASAP) Enrollment, dated 20 June 2012, indicates the applicant was command-referred due to being involved in an alcohol-related incident. 2. Memorandum, dated 2 February 2013, subject: Summary of Rehabilitation Efforts for [the applicant], rendered by the ASAP program manager, provides a history of the applicant’s treatment sessions, subsequent alcohol-related incidents, and on 11 January 2013, the applicant’s command indicating that his progress in the ASAP was unsatisfactory and further rehabilitative efforts could not be justified, and determining that the applicant was a treatment failure. 3. Article 15, dated 7 February 2013, for failing to be at his appointed place of duty at the prescribed time (130109) and disrespecting an NCO (130106 (sic)). The punishment consisted of a reduction to the grade of E-2, forfeiture of $396, and 14 days of extra duty and restriction (CG). 4. Summarized Article 15, dated 3 January 2013, for disobeying a lawful order (121211). The punishment consisted of 7 days of extra duty (CG). 5. Eleven negative counseling statements, dated between 3 April 2012 and 16 January 2013, for alcohol-related barracks altercation; failing to report/suicide ideation; disobeying a lawful order; revoking his off-post privileges; disrespecting an NCO; failing to meet the ASAP standards; moving out of the barracks without proper authorization; failing to inform his leadership of injury to self; failing to maintain appointment priorities; leaving TA-50 unsecured; missing ASAP appointment; failed to report for duty; and having an unauthorized knife in the barracks. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 214 for service under current review. POST-SERVICE ACTIVITY: The applicant provided none. REGULATORY AUTHORITY: 1. 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. 2. 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. 3. 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. 4. 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. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned a SPD Code of "JPD" will be assigned a RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. 2. After examining the applicant’s record of service, the available information in his military records, the document and issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons: a. Length and quality of service: The applicant served over 2 years of his 3 years and 11 weeks enlistment. b. The record confirms the applicant served a tour combat in Afghanistan. c. The applicant’s record reflects documentary evidence of the applicant’s issues and treatment for symptoms of PTSD while on active duty, which may have contributed to the misconduct that led to his discharge. 3. This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct. The PTSD evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 4. In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant relief in the form of an upgrade of the characterization of service to honorable. However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 30 January 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 3 No Change: 2 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140002355 Page 5 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1