1. Applicant's Name: a. Application Date: 28 December 2015 b. Date Received: 8 January 2016 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, his service record shines bright from his early enlistment with honors in the Warrior Leader Course to early promotions and awards, representing his unwavering service to the United States. He had zero disciplinary infractions in six years of service. In 2014, he deployed in support of worldwide operations and operation Enduring Freedom in Afghanistan, which is where his troubles began. Between separating from his family and being as close to the front lines of terror, while directly supporting special operations missions, he was left lost. Upon home coming, he did not come all the way home. He was still keeping his act together at work, but was drowning in depression and anxiety. He would self-aid with alcohol so he could continue his mission support and begin preparing for their next rotation. After the effects of his drinking and increased panic attacks became more than his family could handle, he reached out for help and self-enrolled in alcohol treatment. Being on an Air Force base, the process was very much different than what he was used to. He was sent to a 30 day rehabilitation program, run solely by civilians and again isolated him in his recovery. The program did not seem to help in any way as his PTSD was not yet diagnosed. He would be constantly placed on medications that would make him so numb that he would not know what was going on around him. He reached out again and again and was constantly thrown into detox hospitals and rehabilitation. He reached a final breaking point where he had a very real attempt on his life and the only reason why he remains alive today, is because his wife and family found him the temporary help he needed. During his care, he sought out long term help so he could continue to provide service to his country and his family. He was told by his command that he was an alcohol treatment failure and would be discharged out of the Army and not allowed to seek further treatment for alcohol or PTSD. This caused him to return to drinking and his family was now in a fight for what to do next. His discharge has halted his future and his family has no health care. He has no ability to reenter the service, not even the Reserve. He has been sober three months and his wife and child are back in his life. He is rebuilding what was destroyed and he would be more than humble to regain his honorable service record and have his discharge changed to something other than alcohol. Alcohol may have been the direct reason for discharge, but not the problem that changed his character of service. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters from May 2009 thru October 2015 and behavioral health case close out notes in March 2016. Clinical notes reviewed from March 2010 thru September 2014. Radiology reports reviewed from November 2009 thru January 2014. Laboratory results reviewed from May 2009 thru June 2015. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 24 problems (three VA entered) including alcohol dependence, anxiety disorder, and tobacco abuse. The Veterans Affairs has service-connected the applicant at 50 percent overall. In a records review conducted at Arlington, VA on 17 March 2017, and by a 5-0 vote, the Board noted that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to honorable. The Board found the reason for discharge was fully supported by the record and voted not to change it. (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: 28 October 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 September 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On 2 June 2015, he self-referred to the Alcohol Drug Abuse Prevention and Treatment (ADAPT) office at MacDill Air Force Base, Florida. After a comprehensive biopsycho-social evaluation, collateral interview, medical records review, and laboratory testing he was diagnosed with Severe Alcohol Use Disorder. Based on that diagnosis, he was recommended for referral to inpatient treatment. He agreed to be put in the inpatient treatment. On 6 July 2015, he completed the treatment and was stepped down to the Partial Hospitalization Program. On 10 July 2015, he was breathalyzed at a weekly check-in. His BAC registered 0.19. He left the check-in and was found the next day. He was taken to a treatment facility for detoxification. On 13 July 2015, at a treatment team meeting, he was allowed to stay in the program and he was warned that further incidents could result in being deemed a program failure. On 15 July 2015, he presented for treatment under the influence of alcohol with a BAC of 0.25, and he was again taken to a facility for safety assessment and detoxification. On 21 July 2015, at a treatment team meeting, he was deemed a program failure, and, in consultation with his treatment team, it was determined that further rehabilitative attempts would likely be unsuccessful based on a demonstrated noncompliance with the program. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 5 October 2015 (5) Administrative Separation Board: Waived, 5 October 2015 (6) Separation Decision Date / Characterization: 20 October 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 May 2013 / 4 years b. Age at Enlistment / Education / GT Score: 25 / Associate's Degree / 120 c. Highest Grade Achieved / MOS / Total Service: E-5 / 25S10, SATCOM System Operator / Maintenance / 6 years, 5 months, 2 days d. Prior Service / Characterizations: RA, 27 May 2009 to 16 April 2012 / HD RA, 17 April 2012 to 22 May 2013 e. Overseas Service / Combat Service: Germany, Korea, SWA / Afghanistan (11 March 2011 to 8 December 2011 and 1 April 2014 to 15 August 2014) f. Awards and Decorations: ACM-2CS, ARCOM-2, AAM-2, MUC, AGCM-2, NDSM, GWOTSM, GWOTEM, KDSM, NCOPDR, ASR, OSR-3, NATOMDL g. Performance Ratings: 9 June 2013 thru 8 June 2014, Among The Best h. Disciplinary Action(s) / Evidentiary Record: Memorandum, dated 22 July 2015, reflects the applicant was determined to be a treatment failure by the ADAPT Program Manager. FG Article 15, dated 28 August 2015, for failing to report to his appointed place of duty at time prescribed (8 May, 23 and 27 July 2015); wrongful previous over indulgence in intoxicating liquor or drugs incapacitated for the proper performance of his duties (10, 23 and 27 July 2015). The punishment consisted of a reduction to E-4; forfeiture of $1,225 pay per month for two months; and, extra duty and restriction for 45 days. Two Developmental Counseling Forms for failing to report to his appointed place of duty at time prescribed; failure to report and failure to obey an order or regulation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 29 July 2015, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with (Axis I) Alcohol Use Disorder, Severe. 5. APPLICANT-PROVIDED EVIDENCE: Online application. 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 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. 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. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JPD" will be assigned an RE Code of 4. 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." 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's separation packet contains documents which reflect the applicant had self- referred to the ASAP. The government introduced these documents into the discharge process revealing the applicant was receiving treatment for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 17 March 2017, and by a 5-0 vote, the Board noted that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to honorable. The Board found the reason for discharge was fully supported by the record and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160000259 1