1. Applicant's Name: a. Application Date: 16 June 2017 b. Date Received: 22 June 2017 b. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The representative of the applicant, on his behalf, seeks relief contending, in pertinent part and in effect, the applicant risked his life by fighting his heart out and losing friends who were practically family for his country. His dedication led to PTSD that the military cannot cure. When he informed his commander that he was never going to manage his symptoms with the military's treatment methods, his commander continued on a regular course and not listened to the applicant's warnings. He was removed from his support system and without methods that worked for him, he made a mistake and drank before driving home from a bar. His entire history, his numerous acts of valor, were erased when he was discharged with less than an honorable discharge for a one-night incident. He has since been able to, with proper care and treatment, turn away from the common bad coping mechanisms and manage his PTSD symptoms. The applicant suffered severe medical condition, adverse effects of an untreated PTSD, which was a mitigating factor affecting his ability to serve. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a mitigating medical or behavioral health condition for the offenses which led to his separation from the Army. A review of electronic military medical records indicated diagnoses of Alcohol Abuse and Chronic PTSD. SM self-referred to ASAP in November 2011 due to Alcohol Abuse. He reported drinking whisky and beer every day and was directly referred to inpatient treatment. Medical notes indicated SM reported heavy alcohol use since the age of 15 along with disciplinary problems as a child to include being kicked out of school and leaving home at 16. He reported his only abstinence from alcohol was during 2 deployments. Upon returning home he reported significant anxiety, difficulty dealing with stress and sleep problems. SM was referred for a command directed mental health evaluation on 11 January 2012 due to receiving 4 counseling during first month at new duty station for not showing up to work, showing up late, and for being intoxicated. He was psychiatrically cleared and found to be fit for duty. SM participated in ASAP regularly from November 2011 until his time of discharge with continued use of alcohol throughout treatment. In summary, based on VA and in-service medical notes, SMs discharge was related to DUI in 2012 and continuous problems with alcohol misuse. 70 percent disability rating by VA for PTSD and TBI. VA diagnoses include Chronic PTSD, Alcohol, Cannabis, and Opioid Dependence, and TBI. VA notes also indicated issues with a lack of housing and homelessness. In a records review conducted at Arlington, VA on 28 March 2018, and by a 5-0 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, combat valor, a prior period of honorable service, a period of homelessness and the circumstances surrounding the discharge (i.e. in- service and post-service diagnoses of TBI and PTSD). 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: 26 August 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 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 May 2008 / 6 years b. Age at Enlistment / Education / GT Score: 20 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B2P, Infantryman / 7 years, 3 days d. Prior Service / Characterizations: RA (24 August 2006 to 4 May 2008) / HD e. Overseas Service / Combat Service: SWA / Iraq (7 April 2007 to 29 May 2008), (23 August 2009 to 7 July 2010) f. Awards and Decorations: ARCOM-V DEV; ARCOM-2; AAM-3; AGCM-2; NDSM; ICM- 3CS; NCOPDR; ASR; OSR-2; MUC; CIB g. Performance Ratings: 1 May 2010 thru 30 April 2011, Fully Capable 1 May 2011 thru 30 April 2012, Fully Capable 1 May 2012 thru 22 February 2013, Marginal h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand, dated 8 March 2013, indicates the applicant was reprimanded for driving under the influence of alcohol. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF (no official diagnosis submitted with the application; however, a veterans legal institute-authored statement indicates the applicant was granted 70 percent disability rating by VA for PTSD and TBI) 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 16 June 2017; Veterans Legal Institute authored petition; applicant-authored statement; and three supporting/character reference statements. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JPD" will be assigned an RE Code of 4. 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 and to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 9, by reason of Drug Rehabilitation Failure, with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends his discharge was inequitable because he did not received proper care and treatment for his behavioral health issues resulting from PTSD and TBI, injuries sustained from his combat tours. However, there is insufficient evidence available in the official record to make a determination upon the merits of the applicant's issues. 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 sufficient evidence, to support a change to the characterization of service granted and the narrative reason for his discharge. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further sufficient evidence in support of this request for an upgrade of the discharge. The applicant contends his suffering from the adverse effects of a severe PTSD was not properly treated when his drinking issues stemmed from his attempts to self-medicate, which resulted in an isolated incident which led to his discharge. 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 or any medical diagnosis of PTSD, other than his representative brief. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete discharge packet and any medical diagnoses of behavioral health issues relating to PTSD) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. The applicant contends the incident that caused his discharge was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. In consideration of the applicant's service accomplishments and quality of his service prior to any incidents of misconduct, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service and to change the narrative reason for his discharge. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 9 is "Alcohol Rehabilitation Failure," and the separation code is JPD. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Based on the available 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 28 March 2018, and by a 5-0 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, combat valor, a prior period of honorable service, a period of homelessness and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of TBI and PTSD). 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 Code to: No Change f. Change RE Code 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 AR20170009835 3