1. Applicant's Name: a. Application Date: 17 October 2016 b. Date Received: 28 October 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 was ordered to participate in the Army Substance Abuse Program (ASAP) program, which he failed when alcohol was found in his room during an inspection. He was sent back to ASAP, where a counselor, recommended the Providence Breakthrough program, which was a 28-day program. He successfully completed the program three months before his discharge and he had no more incidents with alcohol abuse. He states, the paperwork for his discharge was already in process prior to him attending the Providence Breakthrough program, and ultimately, he was given a general discharge. He states, his journey to joining the Army was a long one, but it was a dream come true for him when he finally was able to join. In order to join he had to lost weight and went to college to earn 15 credits, since he had a GED. The proudest day of his life was when his family witnessed him swear in the Army. From the first day of basic training to his last day in the military he enjoyed every minute. He met plenty of great people and learned many skills. He gave his all every day in the Army and he wanted to earn the respect of his superiors and his battle buddies. He quick gained a reputation as a hard worker that could accomplish any task. He states, as time went on, concerns of about his alcohol consumption were brought to his attention. It was not that he would drink and drive or was drunk on duty, but about the volume he was consuming and he was rightfully enrolled into the ASAP. He ultimately failed and was sent for more intensive treatment where he was able to turn his life around. He quit drinking all together and healed the underlying problem of his alcoholism. In recovery, he was able to open up about his depression and anxiety that was troubling him since he arrived in Anchorage. He was feeling depressed and lonely because he was much older than his peers, which made it hard to relate to them. During a brutal winter, he began staying in his barracks room during his off time. He had constant anxiety about failing to live up to expectations, even though he gave maximum effort every day. He states, he had a lot of "what ifs" during his recovery, such as why he did not open up to his chain of command, but he learned to accept the things that he could not change. He states, though he was in the program for only 28 days, the wisdom that he learned will be with him for a lifetime. During his recovery, he was married and he remained positive at work. Since his discharge from the Army, he is proud that he has been sober for over a year and a half, but he knows sobriety is a lifelong journey. Per the Board's Medical Officer, based on the information available for review at the time including the applicant's case file, AHLTA and JLV. Applicant has no BH notes in AHLTA, only ASAP notes. ASAP notes indicate he has the diagnosis of Alcohol Dependence. ASAP notes indicate he did well in his 28 day Partial Hospital Program for Alcohol Dependence. JLV indicates that applicant is 70% service connected for Ankylosing Spondylitis (50%) and Limited Extension of Knee (40%). Based on the available information, there are no mitigating Behavioral Health diagnosis. In a records review conducted at Arlington, VA on 19 January 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge (i.e. ASAP diagnosis of alcohol dependency and third party chain-of-command support statements), 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 narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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: 5 November 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 August 2015 (2) Basis for Separation: The applicant was informed of the following reasons: He failed to successfully complete the Army Substance Abuse Program. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 31 August 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 September 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 April 2014 / 3 years, 23 weeks b. Age at Enlistment / Education / GT Score: 29 / GED / 105 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92F10, Petroleum Supply Specialist / 1 year, 6 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summary of Army Substance Abuse Program Rehabilitation Failure (memo), dated 23 June 2015, reflects the applicant's rehabilitation team met on 19 May 2015, and, determined the applicant had not made satisfactory progress toward achieving the criteria for successful rehabilitation as outlined in AR 600-85, para 3-2 and 3-3. Further rehabilitation efforts in a military environment were not justified in light of the applicant's lack of progress. Discharge from military service should be effected. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 293; six character statements; a self-authored statement; and, a copy of his separation packet. 6. POST SERVICE ACCOMPLISHMENTS: He states, he has been sober for over a year and a half. 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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 evidence of record indicates that on 19 May 2015, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure. The applicant did not have the potential for continued military service because his level of need for medication management and length of treatment exceeded what was available in the Active Duty Army. The applicant contends that he had good service and was a hard worker. 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. The applicant is to be commended for his accomplishments. The applicant contends the that he was suffering from depression, which affected his behavior and led to his discharge. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize his good performance while in the Army. With the exception of the applicant's former commander, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. Insomuch as the applicant's former commander initiated the separation proceedings against the applicant, it appears he determined the applicant knew the difference between right and wrong. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 19 January 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge (i.e. ASAP diagnosis of alcohol dependency and third party chain-of-command support statements), 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 narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 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 AR20160017411 1