1. Applicant's Name: a. Application Date: 30 August 2016 b. Date Received: 26 September 2016 c. Counsel: d. Prior Records Review: 23 July 2014 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of his general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, his discharge was based on a single intoxication incident, after which, he was enrolled in the Army Substance Abuse Program (ASAP). The reason of "Alcohol Rehabilitation Failure" given for discharge, is not true, as he has obtained written verification that he successfully participated in the ASAP. The separation authority was not properly obtained, as no proper Chapter 9 proceedings were undertaken, nor were there any records made of his discharge. He was not advised by counsel and he was told that he would be court-martialed, if he did not agree to the forced separation. Prior to his discharge he was in the ASAP, wherein he was diagnosed with PTSD as the result of injuries he sustained in Afghanistan, which are now confirmed at 100 percent. His service was meritorious and honorable as evidenced by his numerous awards and decorations. He reenlisted and was being considered for the Criminal Investigation Division (CID). He holds both undergraduate and graduate degrees, but he has been continually rejected for employment because of the wrongful characterization of his alcohol rehabilitation as failed. This characterization has not allowed him to receive a security clearance. He has maintained his rehabilitation, but his disability has been exacerbated. He now is diagnosed 100 percent. Per the Board's Medical Officer, based on the information available for review at the time, Case file, AHLTA and JLV were reviewed. AHLTA diagnoses include the following Behavioral Health diagnoses: Adjustment Disorder, Alcohol Abuse/Dependence, Major Depressive Disorder, Insomnia, PTSD, and Anxiety Disorder NOS. AHLTA indicates applicant was command referred to ASAP in May 2010 after showing up for work Drunk on Duty. He stated he had been drinking while off duty and was then called in to cover for another soldier's CQ duty. ASAP evaluated applicant and determined that he did not have a diagnosis of Alcohol Abuse or Dependence. He was enrolled in ASAP education classes which he successfully completed. His next contact with BH was in Dec 2012 at which time he presented with anxiety and depression secondary to his wife being deployed. He also reported he had been having insomnia since his deployment and was not getting more than 3hrs sleep at night. During subsequent appointments, he continued to complain of insomnia to health care providers but was not treated with medication, just referred to sleep education classes. He eventually did receive medications for his insomnia which proved to be treatment resistant. In April 2013, he was command referred to ASAP again after an alcohol related incident on 3 Apr 2013. Other stressors included having limited social support, sleep issues and family stressors to include raising two children while wife was deployed. He also reported a family history of alcoholism in his family and a history of being physically abused as a child. Prior to the military, he was a banker in NYC. He joined the Army after the banking market collapsed and he was unemployed for over a year. Two weeks after beginning ASAP, he relapsed but was not dropped from the program. He remained sober with a good prognosis from ASAP while in treatment and at time of his discharge. Applicant continued to see BH and was diagnosed with PTSD in April 2013 which he attributed to his deployment experience of losing two friends while in Afghanistan. His PTSD symptoms included treatment resistant insomnia, nightmares, irritability, depression, hypervigilance and passive suicidal ideation. The applicant has been found to be 100% service connected for PTSD by the VA. Based on the available information, the applicant has a mitigating Behavioral Health disorder, PTSD, for the alcohol related offenses which occurred after his return from Afghanistan. Because PTSD is associated with use of alcohol for self- medication, risk-taking behaviors, impaired judgement and impulsivity and problems with authority, there is a nexus between his misconduct and his PTSD. His PTSD is not mitigating for the alcohol related incident which occurred in 2010 prior to his deployment to Iraq. In a personal appearance hearing conducted at Arlington, VA on 30 October 2017, and by a 5-0 vote, the Board determined that the discharge was improper. The evidence in the record confirms that the applicant completed the ASAP program. The board also considered the applicant's quality of service to include combat service, a prior period of honorable service and matters surrounding the discharge (i.e. in-service PTSD diagnosis and 100% service-connected VA disability rating (PTSD). Therefore, the discharge being improper the Board granted relief in the form of an upgrade of the characterization of service to honorable, and a change to the narrative reason for separation to "Secretarial Authority," under the provisions of Chapter 5, Paragraph 5-3, AR 635-200, with a corresponding separation (SPD) code of "JFF." The board determined the RE Code 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 / AR 635-200, Chapter 9 / JPD / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 25 July 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 January 2013 / 3 years b. Age at Enlistment / Education / GT Score: 37 / Bachelor's Degree / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 92F10, H7 Petroleum Supply Specialist / 4 years, 2 months, 28 days d. Prior Service / Characterizations: RA, 28 April 2009 - 16 January 2013 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (4 March 2011 - 21 December 2011) f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, ACM-2CS, GWOTSM, NCOPDR, ASR, OSR-2, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical Examination, dated 25 April 2013, the examining medical physician noted in the summary of defects and diagnoses section: "PTSD- recently diagnosed. Symptoms initially began after deployment to Afghanistan 2010 -2011. No previous treatment." The applicant provided a letter from the Washington DC, VAMC, dated 24 February 2016, which reflects the applicant was rated 100 percent service-connected disabled: PTSD - 100 percent Migraine Headaches - 50 percent Hypertensive Vascular Disease - 0 percent Tinnitus - 10 percent Limited Motion of Ankle - 10 percent Lumbosacral or Cervical Strain - 10 percent 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application; five employment letters; and, a printed email. 6. POST SERVICE ACCOMPLISHMENTS: Continues to participate in support programs at the VA. 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. 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, through counsel, requests an upgrade of his general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. For this type of discharge, the applicant would have been enrolled in the Army Substance Abuse Program (ASAP) and would have been 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. Inasmuch as the applicant's official record is void of the circumstances leading to his discharge, it is presumed that he was identified as a rehabilitation failure subsequent to his enrollment in the ASAP program. Therefore, it is also presumed that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems, and chose not to avail himself of this opportunity. The applicant's contentions of being separated without legal counsel or proper due process, were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The applicant contends the narrative reason for the discharge should be changed because because he succesfully particpated in ASAP. The applicant provided a letter from the ASAP center where he received treatment to support his contention. However, the applicant was separated under the provisions of Chapter 9, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Alcohol Rehabilitation Failure," and the separation code is "JPD." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant's service record contains documentation that supports a diagnosis of in service Post-Traumatic Stress Disorder (PTSD); 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. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. The applicant contends that he had good service which included a combat tour. 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 Army Discharge Review Board is authorized to consider post-service factors in the characterization 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 Based on the available record, the discharge appears 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: Chronology - 2 pages b. The applicant presented the following additional issue: Change the reentry eligibility (RE) code. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 30 October 2017, and by a 5-0 vote, the Board determined that the discharge was improper. The evidence in the record confirms that the applicant completed the ASAP program. The board also considered the applicant's quality of service to include combat service, a prior period of honorable service and matters surrounding the discharge (i.e. in-service PTSD diagnosis and 100% service-connected VA disability rating for PTSD). Therefore, the discharge being improper the Board granted relief in the form of an upgrade of the characterization of service to honorable, and a change to the narrative reason for separation to "Secretarial Authority," under the provisions of Chapter 5, Paragraph 5-3, AR 635-200, with a corresponding separation (SPD) code of "JFF." The board determined the RE Code was proper and equitable and voted not to change it. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD/RE Code to: Change SPD to JFF / No Change to RE code 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 AR20160018940 6