1. Applicant's Name: a. Application Date: 4 December 2015 b. Date Received: 8 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that she would like an upgrade for the purpose of being able to receive GI Bill benefits and improve her employment opportunities. On 13 December 2007, the applicant's fiancé was killed by an IED. While they were not in the same battalion, they were in the same brigade and at the same FOB. Having seen death as a medic, loss was difficult. The loss of a loved one is even harder. She made some extremely poor decisions in which she self- medicated with alcohol, instead of getting the proper treatment. The applicant's discharge has prevented her access to the benefits of the GI Bill. She believes that it will also hold her back in the professional world or government jobs, Since her discharge, the applicant has received help from the VA for PTSD. She got sober, is involved in a 12-step fellowship, returned to school, attained both her Associates Degree and Bachelors of Science in Nursing, and is now working toward getting into PA school. The applicant also volunteers in the community working with inner city kids and for the past four years, serves as a guest speaker for the Massachusetts State Police Cadets to speak on the topic of recovery. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have a mitigating medical or behavioral health condition for the offenses which led to her separation. The applicant did have a history of behavioral health concerns, traumatic events, and substance use; however these conditions were present prior to the passing of her fiancé. A review of the military electronic medical records indicated the applicant was initially enrolled in ASAP in October 2007 which was completed in March 2008. She reenrolled in April 2009 following a DUI and hitting a pedestrian. It was determined that further rehabilitation through ASAP would not be effective and she was considered an ASAP failure. Behavioral health records indicated the applicant reported a history of substance use prior to the military to include receiving treatment in three civilian Alcohol/Drug Rehabilitation Treatment Facilities (treatment times were for 3 months, 1 month, and 6 weeks). The applicant was hospitalized in October 2007 for an overdose of Tylenol and reported a history of prior suicide attempts, depression since childhood, arrests for destruction of property, assault, and battery domestic abuse. Medical note dated 6 December 2007, while deployed, indicated the applicant reported her drug of choice was Heroin and that she started using at the age of 10. In summary, substance use appears to have been exacerbated following the death of her fiancé in December 2010, however, her condition was pre-existing and she had a significant treatment history prior and following to her fiancés' death. In a records review conducted at Arlington, VA on 31 May 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include her combat service, severe family matters (i.e. significant life stressors, including childhood trauma leading to substance abuse), and post service accomplishments (earned BA and community volunteer work), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Alcohol Rehabilitation Failure / Chapter 9, AR 635-200 / JPD / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 8 July 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 June 2009 (2) Basis for Separation: The applicant received a DUI for hitting a pedestrian while under the influence while being enrolled in ASAP. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 10 June (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 February 2006 / 4 years b. Age at Enlistment / Education / GT Score: 18 / GED / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W10, Health Care Specialist / 3 years, 4 months, 16 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (29 October 2007 to 15 December 2008) f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Chatham County Sheriff's Department Booking Form, reflects the applicant was charged with driving under influence (DUI) and failure to yield the right of way of a pedestrian. CG Article 15, dated 2 December 2007, for consuming alcohol while under the age of 21 (1 October 2007). The punishment consisted of reduction to E-2 (suspended), forfeiture of $340 pay per month for one month, and 14 days extra duty and restriction. Army Substance Abuse Program (ASAP) Enrollment, dated 6 May 2009, reflects the applicant was command referred. It was noted on the referral that the applicant was returned from deployment because she was constantly trying to get stronger prescription from anyone. She confessed that prior to the military, she had a drug problem. She also confessed that upon her return she would get a fix of heroin. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History and Report of Medical examination, dated 9 June 2009, which were completed by the applicant reflects the applicant was suffering with alcohol use/dependence, seizure, anxiety/panic attacks, depression and was taking medication for depression, anxiety, and sleep problems. 5. APPLICANT-PROVIDED EVIDENCE: Online application; two character reference letters; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant received help from the VA for PTSD, she got sober, is involved in a 12- step fellowship, went back to school, attained both her Associates Degree and Bachelors of Science in Nursing, and is now working towards getting into PA school. The applicant also volunteers in the community working with inner city kids and for the past four years, serves as a guest speaker for the Massachusetts State Police cadets to speak on the topic of recovery. 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. 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 her general (under honorable conditions) discharge to honorable. The applicant's record of service, the documents and the issues submitted with the application were carefully reviewed. The applicant was enrolled in the Army Substance Abuse Program (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 her problems. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that she should have been retained on Active duty. The applicant contends her misconduct was the result of her undiagnosed PTSD, which put her at a disadvantage in 2009. Evidence in the record reflects the applicant was suffering with depression and anxiety, which she was taking medication for was noted. However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. The applicant expressed her desire for an upgrade for the purpose of accessing her GI Bill benefits and to improve her employment opportunities. However, 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. Also, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with her overall service record. 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 31 May 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include her combat service, severe family matters (i.e. significant life stressors, including childhood trauma leading to substance abuse), and post service accomplishments (earned BA and community volunteer work), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable 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 Authority to: No Change e. Change SPD/RE Code to: No Change f. 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 AR20160000272 4