1. Applicant's Name: a. Application Date: 28 January 2016 b. Date Received: 4 February 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, selling leave put him within 90 days of his ETS but instead, he was discharged with a general discharge with no education benefits. His discharge has impacted his ability to obtain employment. The major reason for the discharge upgrade is to help secure a career in the field he is studying. 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. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 31 problems (two VA-entered) including surgical aftercare [status post right ankle ORIF (open reduction internal fixation) on 25 November 2016]. The applicant participated in a court-ordered SUD (substance use disorder) recovery treatment program (August - December 2016). The Veterans Affairs has not service-connected the applicant. In a records review conducted at Arlington, VA on 10 May 2017, 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: 3 September 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 24 August 2010 (2) Basis for Separation: The applicant was removed from the Substance Abuse Rehabilitation Program (SARP) due to a physical altercation with another patient in the program. This is a direct violation of SARP policy. By instruction, he was viewed as a corresponding rehabilitation failure (12 August 2010). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 24 August 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 August 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 January 2007 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88K10, Watercraft Operator / 3 years, 7 months, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 24 March 2009, for willfully damaging a wall and floor of some value, military property of the United States (21 December 2008), unlawfully strike J.D. on the head and in the stomach with a toaster and a power wheel battery (21 December 2008), and drunk and disorderly which conduct was of nature to bring discredit upon the Armed Forces (21 December 2008). The punishment consisted of a reduction to E-1 (suspended), forfeiture of $327 pay for one month (suspended), and extra duty and restriction for 14 days. Two negative counseling statements, dated 13 July 2010 and 3 August 2010, for initiation of FLAG action and SARP failure, respectively. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant attends Trade School at Everest University located in Tampa, FL. He finishes in August with an "A" in HVAC. and plans to take the Bridge Program to be an electrician. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions discharge) to honorable. The applicant's record of service and the issues submitted with his 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 his problems. The applicant contends that selling leave put him within 90 days of his ETS but instead, he was discharged with a general discharge with no education benefits. 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 his overall service record. 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 that his discharge has impacted his ability to obtain employment, which is why an upgrade will help secure a career in the field he is studying. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 10 May 2017, 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/Issue new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160004112 3