1. Applicant's Name: a. Application Date: 8 June 2016 b. Date Received: 10 June 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, he would like an upgrade of his discharge for the purpose of being able to receive full GI Bill benefits to continue his education and better himself as a person. He contends he served his first term honorably. After deployment he started dealing with depression/anxiety issues that lead to the consumption of alcohol. He has tried many times to seek help for his issues with no success. His drinking ended up getting worse leading up to actions that caused his discharge. After being discharged and currently, he has been seeking the help that has been causing episodes of blackouts. Since discharge he has slowed down on drinking and has stayed out of trouble for over eight months. He contends he served his 1st term honorably with a few hick-ups on his second term. He does not want the lack of help to hinder him from moving forward and finding ways to deal with his personal issues. Per the Board's Medical Officer, the applicant is 30% service connected for Anxious Distress: lives alone, no job, no college, no plans, drinks, in March arrested for public intoxication, assault and resisting arrest. Applicant had 2 alcohol related incidences while in service. He struggled to remain sober and continues to suffer from substance abuse to this day. The applicant endorsed some issues with mood, anxiety and insomnia, however, he never participated in the MH treatment due to his own refusal or the provider's failure to follow-up with BH referrals. The applicant's OBH condition is mitigating for his alcohol related offenses. In a records review conducted at Arlington, VA on 9 August 2017, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, in-service and post-service diagnoses of behavioral health issues. 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: 12 August 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 June 2015 (2) Basis for Separation: The applicant was informed of the following reasons: being command referred on 21 July 2014 to participate in ASAP due to his drunk and disorderly conduct on 7 July 2014; and After being discharge from ASAP on 22 September 2014, after a successful completion, on 13 February 2015, he was arrested in Davidson County, Tennessee for public intoxication. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 25 June 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 March 2014 / 5 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W10, Health Care Specialist / 4 years, 1 month, 22 days d. Prior Service / Characterizations: RA, 21 June 2011 to 23 March 2014 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (8 November 2012 to 23 June 2013) f. Awards and Decorations: ARCOM, AAM-2, AGCM, ACM-CS, NDSM, GWOTSM, ASR, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 7 July 2014, shows the applicant was the subject of an investigation for being drunk and disorderly and drinking underage. Army Substance Abuse Program (ASAP) Enrollment, dated 9 July 2014. CG Article 15, dated 2 September 2014, for being drunk and disorderly on 3 July 2014. The punishment consisted of reduction to E-3 (suspended), forfeiture of $474 pay, and 14 days extra duty and restriction. Memorandum of Record referencing the applicant's successful completion of ASAP, dated 22 September 2014. CG Article 15, dated 24 March 2015, for disobeying a lawful order from a commissioned officer by not signing in at the Regiment Battalion Staff Duty Desk on 26 February 2015 and 1 March 2015. The punishment consisted of reduction toe E-3, 14 days extra duty, 14 days restriction (suspended), and an oral reprimand. 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: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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. 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 record confirms the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The evidence of record shows 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. On 22 September 2014 the applicant was discharged from the program after successful completion. After completion of the program the applicant was involved in another alcohol incident. 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 served his first term honorably. After deployment he started dealing with depression/anxiety issues that lead to the consumption of alcohol. He has tried many times to seek help for his issues with no success. His drinking ended up getting worse leading to actions that caused his discharge. The evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by command referring him to the Army Substance Abuse Program, providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. The applicant contends after being discharged and currently, he has been seeking the help that has been causing episodes of blackouts. Since discharge he has slowed down on drinking and has stayed out of trouble for over eight months. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in- service misconduct was an aberration and not indicative of the member's overall character. The applicant further contends he served his 1st term honorably with a few hick-ups on his second term. He does not want the lack of help to hinder him from moving forward and finding ways to deal with his personal issues and he wants to be able to receive full GI Bill benefits to continue his education and better himself. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended for his efforts. Further, eligibility for veteran's benefits to include medical and 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. Additionally, 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. 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 9 August 2017, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, in-service and post-service diagnoses of behavioral health issues. 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 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 AR20160011189 5