1. Applicant’s Name: a. Application Date: 7 May 2015 b. Date Received: 13 May 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he paid into his the GI Bill while he was in the service, so he would like to use it. The applicant states that he was abusing alcohol to help him cope with PTSD. The VA has granted him a 100 percent service-connected disability rating for PTSD, with anxiety and suicidal ideation. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a condition which was mitigating for his offense. The applicant was charged with failing to follow through with a treatment plan prescribed by the Alcohol/Drug Abuse Rehabilitation Team. He was diagnosed with Post Traumatic Stress Disorder (PTSD) by the VA. It is likely that he had subclinical PTSD while on active duty. He was diagnosed with Depression as well. Because these conditions are often associated with substance abuse and rehab failures, there was a likely nexus between this applicant's offense and his behavioral health conditions. After a thorough review of the entire record and consideration of the medical officer's opine, during a records review conducted at Arlington, VA on 8 July 2016, and by a 4-1 vote, the board determined that the applicant's medical condition did not overcome the reason for and characterization of the applicant's general, under honorable conditions discharge. The available record provides evidence of multiple disciplinary issues and actions (e.g., failure to go at time prescribed to appointed place of duty, disrespectful language and deportment towards an noncommissioned officer, illegal use of cocaine) that contributed to the applicant’s discharge and characterization of service. The applicant's post-service PTSD diagnosis, although a potential mitigating factor in his failure to adhere to his alcohol/drug abuse rehabilitation plan, was not found by the ADRB to be sufficiently mitigating to warrant the applicant's request for an upgrade to an honorable discharge. In a records review conducted at Arlington, VA on 8 July 2016, and by a 4-1 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: 3 April 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 March 2009 (2) Basis for Separation: The applicant failed to follow through with the treatment plan prescribed by the Alcohol/Drug Abuse Rehabilitation Team. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 11 March 2009 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 19 March 2009 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 15 May 2007 / 3 years and 16 weeks / moral waiver (25 April 2007) b. Age at Enlistment/Education/GT Score: 20 / GED Certificate / 99 c. Highest Grade Achieved/MOS/Total Service: E-3 / 11B10, Infantryman / 1 year, 10 months, and 7 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Iraq (9 January 2008 - 4 April 2008) f. Awards and Decorations: NDSM, ICM-CS, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Electronic copy of the DD Form 2624, dated 7 November 2008, reflects the applicant tested positive for cocaine during an Inspection Random (IR) urinalysis testing conducted on 3 November 2008. CG Article 15, dated 19 December 2008, for failing to go at the time prescribed to his appointed place of duty on divers occasions (31 October 2008, 1 November 2008, and 2 November 2008). The punishment consisted of a reduction to E-2, forfeiture of $352.00 pay, and 14 days of extra duty and restriction. FG Article 15, dated 9 February 2009, for failing to go at the time prescribed to his appointed place of duty (19 January 2009); being disrespectful in language and deportment to a noncommissioned officer, by saying to him, "I'm not doing anything, "F…..this", or words to that effect and by walking away while being addressed (15 December 2008); and, being disrespectful in deportment to a noncommissioned officer, by raising his voice and walking away while being addressed (15 December 2008). The punishment consisted of a reduction to E-1, forfeiture of $699.00 pay for two months (suspended), and 45 days of extra duty. Two DA Forms 4187 (Personnel Action), dated 17 and 24 February 2009, reflects the applicant’s duty status changed from “Present for Duty (PDY)” to “Absent Without Leave (AWOL),” effective 13 February 2009, and from “AWOL” to “PDY,” effective 24 February 2009. The applicant received a several negative counseling statement for various acts of misconduct. i. Lost Time: 12 days (AWOL, 13 February 2009 - 24 February 2009). j. Diagnosed PTSD/TBI/Behavioral Health: VA Rating Decision and VA Compensation Letter, dated 18 and 19 September 2012, reflects the applicant was assigned and awarded a 100 percent disability rating for service connected PTSD with anxiety and suicidal intention. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 7 May 2015; DD Form 214; VA Compensation Letter, dated 18 September 2012; and a VA Rating Decision, dated 19 September 2012. 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 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. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members’ discharges. “Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre-existing conditions which are determined not to have been incurred or aggravated while in military service.” “Conditions documented in the 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 PTSD or PTSD related conditions 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 under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor 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. Correction Boards will also exercise caution 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. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The applicant was enrolled in ASAP and was aware of the consequences of any action which would demonstrate any inability or refusal to participate in, cooperate in, or successfully complete such a program. As a result of the applicant’s actions and after consultation with the drug and alcohol abuse counselor, the command declared the Soldier a rehabilitation failure. The evidence of record establishes the fact the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. The applicant contends he needs an upgrade so he can use the GI Bill. 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 abused alcohol to help him cope with PTSD and that his alcohol abuse was due to service related PTSD. The VA granted him a 100 percent service-connected disability rating for PTSD. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 8 July 2016, and by a 4-1 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: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008403 5