1. Applicant’s Name: a. Application Date: 7 July 2015 b. Date Received: 14 August 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 has plans to return to school to better himself. His chain of command did not appropriately help him. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offenses. The Active Duty electronic medical records were reviewed. In a records review hearing conducted at Arlington, VA on 8 August 2016, 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: a. Reason/Authority/Codes/Characterization: Alcohol Rehabilitation Failure / AR 635-200 / Chapter 9 / JPD / RE-4 / General, Under Honorable Conditions b. Date of Discharge: 27 February 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 December 2014 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; on 12 February 2014, he was enrolled into the Alcohol Substance Abuse Program (ASAP) after having an alcohol related incident. Due to being involved in another alcohol related incident within 12 months of completing ASAP, he was deemed an ASAP failure on 3 November 2014. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 30 December 2014 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 2 January 2015 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 8 July 2013 / 3 years and 21 weeks b. Age at Enlistment/Education/GT Score: 22 / HS Graduate / 87 c. Highest Grade Achieved/MOS/Total Service: E-2 / 92Y10, Unit Supply Specialist / 1 year, 7 months and 20 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Alaska f. Awards and Decorations: NDSM, GWTSM, KDSM, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: DA Form 8003, Army Substance Abuse Program, (ASAP) Enrollment, dated 11 February 2014, shows the applicant was command referred to by his supervisor to ASAP. FG Article 15, dated 12 March 2014, for, assaulting PFC M.G., by striking him with his fist in the face (17 February 2014); and as a result of wrongful previous overindulgence of intoxicating liquor or drugs, incapacitated for the proper performance of his duties, which said conduct is prejudicial to good order and discipline in the armed forces (10 January 2014). The punishment consisted of a reduction to E-1, extra duty for 14 days and an oral reprimand. Military Police Report, dated 29 May 2014, indicates the applicant was under investigation for conduct unbecoming a member of the military service-drunk and disorderly on post. The applicant received a negative counseling statements for various alcohol related incidents. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DD Form 2808 (Report of Medical Examination), dated 15 January 2014, indicates the applicant was diagnosed with depression/anxiety. DD Form 2807-1 (Report of Medical History), dated 23 September 2014, shows the applicant was experiencing high depression, insomnia and anxiety and continues to see behavioral health. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 7 July 2015; DD Form 214; letter, Department of Veterans Affairs; letter, Chief, Congressional Liaison and Inquiries/ with an associated 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 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 the characterization of service from general, under honorable conditions 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 seeks relief contending, he has plans to return to school to better himself. 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 further contends his chain of command did not appropriately help him. The evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. 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 hearing conducted at Arlington, VA on 8 August 2016, 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: 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 AR20150014290 4