IN THE CASE OF: BOARD DATE: 15 July 2015 CASE NUMBER: AR20140009088 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board determined the characterization is now inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service and the circumstances surrounding his discharge (in-service chronic PTSD and anxiety disorder diagnosis while in combat and two memorandums signed by the separation authority on the same date (one honorable and one general, under honorable conditions discharge), mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his general, under honorable conditions characterization of service to honorable and a change to the narrative reason for separation. 2. The applicant states, in effect, he was suffering from Post Traumatic Stress Disorder (PTSD) and drinking heavily. He states, he was sent to rehab but had a relapse and had another alcohol related incident. He contends he requested to be discharged so that he could get out of the environment that was aggravating his PTSD. He states, his unit and battalion commander recommended an honorable discharge but his brigade commander downgraded it to a general, under honorable conditions discharge. He does not believe this characterization of service describes his service, particularly in light of his PTSD symptoms. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 22 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 8 April 2010 d. Reason/Authority/SPD/RE Code: Alcohol Rehabilitation Failure, AR 635-200, Chapter 9, JPD, RE-4 e. Unit of assignment: 627th Movement Control Team, APO AE, Germany f. Current Enlistment Date/Term: 5 October 2008/6 years g. Current Enlistment Service: 1 year, 6 months, 4 days h. Total Service: 4 years, 7 months, 8 days i. Time Lost: None j. Previous Discharges: DEP, 050831-050920, NA RA, 050921-081004, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 88N10, Traffic Management Coordinator m. GT Score: 101 n. Education: GED o. Overseas Service: SWA p. Combat Service: Iraq (060724-070710) Kuwait (080809-090810) q. Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, ICM-CS, ASR, OSR-2 r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 21 September 2005, for a period of 4 years. He was 19 years old at the time of entry and had a General Equivalency Diploma (GED). He reenlisted on 5 October 2008, for six years and served in Kuwait and Iraq. He earned an ARCOM and completed 4 years, 6 months, and 18 days of active duty service. When his discharge proceedings were initiated, he was serving in Germany. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record indicates on 28 September 2009, the applicant was command referred to the Army Substance Abuse Program (ASAP) for being drunk on duty. He was given an initial screening on 30 September 2009, a complete bio-psychosocial assessment on 5 October 2009, and enrolled in ASAP on 7 October 2009, for outpatient treatment. 2. On 19 January 2010, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant an alcohol rehabilitation failure. 3. On 17 February 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9; AR 635-200, by reason of alcohol rehabilitation failure; because on multiple occasions he was found incapacitated for the proper performance of his duties, uncooperative and belligerent due to alcohol on 28 September 2009. The applicant was advised of his rights. 4. The unit commander subsequently recommended separation from the Army with issuance of an honorable discharge. The intermediate commander reviewed the proposed action and recommended approval with an honorable conditions discharge. 5. On 17 March 2010, the applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his own behalf. 6. On 25 March 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 7. The applicant’s record does not contain any evidence of time lost during this period of service. 8. The applicant was separated on 8 April 2010, under the provisions of Army Regulation 635-200, Chapter 9, for Alcohol Rehabilitation Failure, with a general, under honorable conditions discharge, an SPD code of JPD and a reentry code of 4. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Two negative counseling statements, dated 28 September 2009 and 22 January 2010, for drunkenness, insubordinate conduct towards a warrant officer, and being an alcohol or other drug abuse rehabilitation failure. As a note, the counseling statement, dated 22 January 2010, indicates the applicant was also counseled on 24 December 2009, for drunkenness, insubordinate conduct towards a warrant officer, assaulting or willfully disobeying a superior commissioned officer, and destruction, waste, or spoilage of property other than military property. 2. Article 15, dated 6 October 2009, for being disrespectful in language toward an NCO on 28 September 2009. The punishment consisted of a reduction to the grade of PFC/E-3, forfeiture of $433 pay (suspended), 14 days of extra duty and restriction, and an oral reprimand (CG). 3. A MP Report, dated 23 December 2009, indicating the applicant was the subject of an investigation for assaulting an NCO in the performance of his duties, being drunk and disorderly, and damaging private property. 4. Police Report, dated 24 December 2009, indicating the applicant was the subject of an investigation for damaging private property. 5. A memorandum, dated 22 January 2010, showing a synopsis of the applicant’s ASAP treatment and subsequent failure to be rehabilitated. 6. Two DA Forms 8003 (ASAP Enrollment), dated 28 September 2009, showing the self-enrollment box was checked stating the applicant was pending a CG Article 15. As a note, the memorandum dated 22 January 2010, states the applicant was command referred to ASAP. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 19 May 2014 and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his application. REGULATORY AUTHORITY: 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. 2. After examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons: a. Length and quality of service: The applicant served 4 years, 7 months, and 8 days, thus the preponderance of his service was honorable. b. The record confirms the applicant served in combat and was diagnosed while in service and post-service with chronic PTSD and anxiety. This diagnosis may have been a mitigating factor to the misconduct for which he was discharged. c. The applicant’s discharge packet contained two memorandums, dated 25 March 2010, which reflect he was to be separated with an honorable discharge and a general, under honorable conditions discharge. In view of this discrepancy, presumption of government regularity cannot be assumed. 3. In view of the foregoing, it appears the characterization of the discharge is now inequitable. Based on the evidence of record, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to honorable. However, the Board determined the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 15 July 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140009088 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1